Town of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Haverstraw 6-22-1998 by L.L. No. 13-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 28.
Zoning — See Ch. 167.

§ 162-1 Title.

This chapter shall be cited and may be referred to hereinafter as the "Wireless Communication Facilities Law of the Town of Haverstraw."

§ 162-2 Legislative intent and purpose.

A. 
The purpose of this chapter is to provide the Town of Haverstraw the authority to accommodate and regulate necessary utility infrastructure for the provision of wireless communication facilities within the town, to encourage the siting of wireless communication facilities predominantly in nonresidential areas on existing structures, to address the safety, visual and aesthetic aspects of wireless communication facilities, and to provide for public input in the process of siting wireless communication antenna towers and related facilities.
B. 
The Town Board finds that the regulation of wireless communication facilities is necessary to protect the predominantly suburban residential character of the town and the property values of the community. Such regulation is needed to protect schools, public parks and open space, churches, playgrounds, historic districts and historic sites and structures; to preserve scenic areas; to minimize aesthetic impacts; to preserve the health and safety of residents; and to respect the need of wireless communication service providers to relay signals without electronic interference from other service providers' operations, while not unreasonably limiting competition amongst them.
C. 
The Town Board declares that the protection of residential areas of the town is of paramount importance and that any local regulations of wireless communication facilities must furnish all possible protection for residential areas, and further declares that the provisions of this chapter are to be interpreted to favor protection of residential areas. The Planning Board shall, before issuing a special permit for a wireless communication facility in a residency zoned area, satisfy itself that all other alternatives have been exhausted.
D. 
Wherever feasible and practicable, consolidations, shared use and collocation of antenna and antenna-mounting structures is preferred to the construction of new facilities.
E. 
These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless service, nor shall they be used to discriminate among providers of functionally equivalent services consistent with federal regulations.

§ 162-3 Statutory authority and jurisdiction.

A. 
This chapter is hereby enacted pursuant to the provisions of § 10 of the Municipal Home Rule Law.
B. 
The authority to issue special permits as provided in this chapter is hereby delegated by the Town Board to the Planning Board of the Town of Haverstraw.
C. 
Reference herein to the several zoning districts are references to such districts as described in Chapter 167, Zoning, of the Town of Haverstraw Code.

§ 162-4 Word usage; definitions.

A. 
For the purpose of this chapter certain rules of word usage apply to the text, as follows:
(1) 
Words used in the present tense include the future tense and the singular includes the plural, unless the context clearly indicates the contrary.
(2) 
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
(3) 
A word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization.
B. 
The following definitions shall apply in the interpretation and enforcement of this chapter, unless otherwise specifically stated:
ANSI
American National Standards Institute.
ANTENNA, WIRELESS COMMUNICATION
Any device, including the supporting structure and all related appurtenances, used for the transmission and reception of radio waves as part of wireless two-way communications.
COLLOCATION
The mounting of wireless communication antennas used by two or more competing providers on the same antenna support structure, monopole or antenna tower.
CONTROLLED ENVIRONMENT
An area surrounding a roof-mounted antenna in which the RF field levels would exceed or equal applicable federal or state standards.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FREQUENCY
The number of sinusoidal cycles made by electromagnetic radiation in one second, usually expressed in units of hertz (Hz).
HEIGHT
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
HISTORIC DISTRICTS, SITES AND STRUCTURES
Any locations designated by municipal, county, state or federal agencies as having significance as a historic district, site or structure.
NIER (NONIONIZING ELECTROMAGNETIC RADIATION)
Electromagnetic radiation of such frequency that the energy of radiation does not dissociate electrons from their constituent atoms when an atom absorbs the electromagnetic radiation.
RF
Radio frequency.
SCENIC AREAS
Any area with a defined boundary and designated by municipal, county, state or federal agencies as having scenic significance.
WIRELESS COMMUNICATION FACILITIES
Any facility for the receiving or transmitting of wireless signals for commercial purposes, such as cellular telephone services, personal communications services (PCS), fleet communication systems and similar commercial facilities, whether operated in support of another business activity or available for the transmission of signals on a sale or rental basis. As used herein, the term shall include necessary equipment buildings as well as towers, monopoles and antenna.

§ 162-5 Procedure; fees.

A. 
All proposals to provide or operate wireless communication facilities shall be accompanied by a facility service plan, which shall include all the information necessary to allow the Planning Board to understand the existing, proposed and long-range plans of the applicant. The facility service plan shall include at least the following information:
(1) 
The location, height and operating characteristics of all existing facilities of the applicant in and immediately adjacent to the town.
(2) 
A short- and long-term plan for the provision of additional facilities in and immediately adjacent to the town, indicating whether each proposed facility is for initial coverage or capacity building purposes, showing proposed general locations or areas in which additional facilities are expected to be needed. Subsequent applications will confirm or modify the facility service plan, so that the Planning Board may be kept up-to-date on future activities.
(3) 
A commitment to collocate or allow collocation wherever possible on all existing and proposed facilities.
B. 
All proposed antenna and all proposed antenna towers in all zoning districts are subject to the issuance of a special permit by the Planning Board.
C. 
As authorized by the Town Board, the Planning Board may issue a special permit under the provisions of this chapter subject to all of the special requirements and conditions herein and any requirements which may be made a part hereof. Every special permit shall also conform to all special findings that are specified herein, or that the Planning Board shall deem appropriate.
D. 
Applications to the Planning Board for a special permit under this chapter shall be accompanied by a fee of $250, plus postage charges, to defray the cost of processing the review of the application. The applicant shall also be required to provide funds to an escrow account to allow the Planning Board to retain such technical experts involving radio frequency or other technical matters as may be necessary to review the proposal, provided that no funds shall be deposited until a scope of work is agreed upon among the applicant, the expert and the Board.
E. 
Prior to or concurrent with the filing of a formal application to the Planning Board to obtain a special permit under this chapter, the applicant shall submit information needed to meet the requirements of the New York State Environmental Quality Review Act (SEQR) to the Town Engineer acting as Environmental Officer to the Planning Board, who will make recommendations to the Planning Board, which Board shall determine whether the requirements of SEQR have been met. The Planning Board may hold a joint public hearing under the provisions of SEQR and this chapter whenever practicable. In the event that a final SEQR determination has not been made, no application for a special permit under this chapter shall be granted.
F. 
The Planning Board shall hold a public hearing on due notice within 62 days after submission of a fully completed application, as determined by the Board, including such technical information from the applicant as may be required by the Planning Board for a special permit under the provisions of this chapter.
(1) 
Notice of the public hearing shall be by publication in the official newspaper of the town at least 10 days in advance of the hearing.
(2) 
The hearing notice shall indicate that the application may be examined and further information is available from the Planning Board office during regular business hours.
(3) 
Copies of the publication order shall be mailed by the applicant to the owners of property within 500 feet of the property which is the subject of the application, and an affidavit of service thereof shall be filed with the Planning Board due on or before the date of the hearing.
(4) 
The Planning Board may approve, approve with conditions or disapprove the application for a special permit under the provisions of this chapter within 62 days after a public hearing.
(5) 
The decision shall be made at a meeting of the Planning Board with a quorum present and not less than a majority of the total membership voting "aye" on the resolution.
(6) 
In the event that the Rockland County Planning Commissioner has recommended against the application or imposed conditions, the Planning Board may approve the application for a special permit pursuant to the requirements of § 239-m of the General Municipal Law.
(7) 
The period in which the Board may take action may be extended with the consent of the applicant.
G. 
In the case of an application for approval of a wireless communication facility to be located on lands owned by a party other than the applicant, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the Planning Board. However, notwithstanding the foregoing, applications involving more than one installation to be owned separately shall be made by the owner of the site in question.

§ 162-6 Information required for wireless communication facilities.

A. 
For all proposed wireless communication facilities, the following information shall be provided:
(1) 
Name and address of the property owner and the applicant.
(2) 
Address and tax map designation of the property.
(3) 
Zoning district in which the property is situated.
(4) 
Name and address of the person preparing the plan.
(5) 
Size of the property and the location of all lot lines.
(6) 
Approximate location of the nearest residential structures.
(7) 
Approximate location of the nearest occupied structures.
(8) 
Location of all existing and proposed structures on the property which is the subject of the application.
(9) 
Location, size and height of all proposed and existing towers and antennas and all appurtenant structures on the property.
(10) 
Type, size and location of all proposed landscaping, including specific landscape materials.
(11) 
Method of fencing proposed, and illumination of facilities, if applicable.
(12) 
A signed and sealed report by a New York State licensed professional engineer documenting compliance with applicable structural standards and describing the general structural capacity of any proposed installation.
(13) 
The number and type of antennas proposed.
(14) 
A description of the proposed towers and antennas and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.
(15) 
A description of the antenna's function and purposes.
(16) 
The make, model and manufacturer of the antenna.
(17) 
The frequency, modulation and class of service.
(18) 
Transmission and maximum effective related power.
(19) 
Direction of maximum lobes and associated radiation and compliance with FCC regulations.
(20) 
Consent to allow additional antennas (for purposes of collocating) on any new or existing antenna towers.
B. 
The items in Subsections A(12) through (19) shall be included in a report prepared by a radio frequency engineer, health physicist or other qualified professional satisfactory to the Planning Board.

§ 162-7 Requirements applicable to all facilities.

For all proposed wireless communication facilities, the following requirements are applicable:
A. 
For proposed sites within 100 feet of other sources of radio frequency (RF) energy, emanating from other wireless communication facilities, the applicant shall provide an estimate of the maximum total exposure from all nearby stationary sources and a comparison with relevant standards. This assessment shall include individual and ambient levels of exposure. It shall not include residentially based facilities, such as cordless telephones.
B. 
All antennas shall be identified with signs not to exceed six square feet listing the owner or operator's name and emergency telephone number, and shall be posted in a conspicuous place. No signs shall be allowed on antennas or supporting structures.
C. 
New antennas may not be sited within 500 feet of any existing antenna. This restriction does not apply to the siting of new antennas at an existing site.
D. 
No source of nonionizing electromagnetic radiation (NIER), including facilities operational before the effective date of this chapter, shall exceed the federal or state NIER emission standards.
E. 
New antennas and supporting towers shall be designed to accommodate additional antennas for purposes of collocating.
F. 
Noise-producing equipment shall be sited and/or insulated to prevent any measurable increase in noise as measured at the property line.

§ 162-8 Facility locations where public exposure is likely.

For roof-mounted antennas, collocated or other situations in which public exposure to radio frequency (RF) is likely, the application shall include:
A. 
An assessment of potential public exposure to RF energy from the proposed facility, indicating the facility's compliance with applicable federal or state standards. The applicant shall identify the maximum exposure level, the locations at which this occurs and the estimated RF levels at specific locations of community interest, such as schools, residences or commercial buildings. Assumptions used in the calculations shall be stated, including building heights and topography.
B. 
A multiple-source exposure-impact assessment shall be prepared if the wireless communication facility is to be situated on the same site as existing facilities, such as a tower or roof.
C. 
Evidence that the maximum exposure to the general public will not exceed federal or state standards.
D. 
An identification of rooftop areas to which the public may have access. The exposure in these areas shall be in compliance with the standards established by any federal or state agencies.
E. 
An identification of how much of the roof, if any, should be designated a controlled environment, due to RF field levels in accordance with the applicable federal or state standards.
F. 
Notification of the building management if any portion of the roof needs to be identified as a controlled environment, due to RF levels in excess of the guidelines in the applicable federal or state standards.

§ 162-9 Requirements applicable to residential roof-mounted antennas.

[Amended 2-8-1999 by L.L. No. 1-1999[1]]
Requirements applicable to residential roof-mounted antennas shall be as follows:
A. 
Antennas shall not be placed more than 10 feet higher than the height limitation for buildings and structures within the zoning district in which the antenna is proposed to be erected.
B. 
Antennas may be set back from the outer edge of the roof, or such antennas may be attached directly to the roof parapet wall, whichever, in the Planning Board's opinion, will have the minimal visual impact while achieving signal coverage requirements.
C. 
If the Planning Board requests, antennas shall be the same color as the predominant color of the exterior of the top floor or parapet of the building.
[1]
Editor's Note: This local law provided that it shall take effect 2-16-1999.

§ 162-10 Requirements applicable to new antenna towers.

A. 
The applicant shall demonstrate to the satisfaction of the Planning Board that there exists no tower on which the antenna may collocate, or collocation is not feasible for any of the following reasons:
(1) 
The applicant has been unable to come to a reasonable agreement to collocate on another tower. The names, addresses, phone and fax numbers of other service providers approached shall be provided, accompanied by a written statement as to the reason an agreement could not be reached.
(2) 
The antenna will not unreasonably interfere with the view of or from any public park, designated scenic area or historic district, site or structure.
(3) 
The radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.
(4) 
The applicant's network of existing antenna locations is not adequate to serve its customers properly, and the use of existing facilities of other entities is not suitable for physical reasons.
(5) 
Adequate and reliable service cannot be provided from existing sites in a financially and technologically feasible manner consistent with the service provider's system requirements.
(6) 
Existing sites cannot accommodate the proposed antenna due to structural or other engineering limitations (e.g., frequency incompatibilities).
(7) 
For proposed monopole or tower facilities, a report by a New York State licensed professional engineer specializing in structural engineering, certifying that the proposed sign is structurally sound.
B. 
Any application for the approval of a special permit for a wireless communication facility shall include a report by a qualified radio frequency engineer, health physicist or other qualified professional as determined by the Planning Board, which calculates the maximum amount of nonionizing electromagnetic radiation (NIER) which will be emitted from the proposed wireless communication facility upon its installation, and demonstrates that the facility will comply with the applicable federal and state standards.

§ 162-11 NIER measurements and calculations.

A. 
All applicants for wireless communication antennas in any district shall submit calculations of the estimated NIER output of the antenna(s) to the Planning Board at the time of making the application for special permit. NIER levels shall be measured and calculated as follows:
(1) 
Measuring equipment used shall be generally recognized by the Environmental Protection Agency (EPA), National Council on Radiation Protection and Measurement (NCRPM), American National Standards Institute (ANSI) or National Bureau of Standards (NBS) as suitable for measuring NIER at frequencies and power levels of the proposed and existing sources of NIER.
(2) 
Measuring equipment shall be calibrated as recommended by the manufacturer in accordance with methods used by the NBS and ANSI, whichever has the most current standard.
(3) 
The effect of contributing individual sources of NIER within the frequency range of a broadband measuring instrument may be specified by separate measurement of these sources using a narrowband measuring instrument.
(4) 
Nonionizing electromagnetic radiation measurements shall be taken based on maximum equipment output. Nonionizing electromagnetic radiation measurements shall be taken or calculated when and where NIER levels are expected to be highest due to operating and environmental conditions.
(5) 
Nonionizing electromagnetic radiation measurements shall be taken or calculated along the property lines at an elevation six feet above grade at such locations where NIER levels are expected to be highest and at the closest occupied structure.
(6) 
Nonizoning electrocmagnetic radiation measurements shall be taken or calculated following spatial averaging procedures generally recognized and used by experts in the field of RF measurement or other procedures recognized by the FCC, EPA, NCRPM, ANSI and NBS.
(7) 
Nonionizing electromagnetic radiation calculations shall be consistent with the FCC, Office of Science and Technology (OST) Bulletin 65 or other engineering practices recognized by the EPA, NCRPM, ANSI, NBS or a similarly qualified organization.
(8) 
Measurements and calculations shall be certified by a New York State licensed professional engineer, health physicist or a radio frequency engineer. The measurements and calculations shall be accompanied by an explanation of the protocol, methods and assumptions used.
B. 
If the standards of any federal or state agency are exceeded at the location of the proposed transmitting antenna, the proposed facility shall not be permitted.

§ 162-12 NIER monitoring and enforcement.

A. 
Upon special permit approval by the Planning Board, and installation, the owner and/or operator of the antenna shall perform an actual NIER level reading as set forth above, and shall submit the results of the test to the Town of Haverstraw Engineering Department and/or special consulting engineer retained by the Planning Board within 90 days of initially operating the antenna system, and annually thereafter. The owner or operator shall provide a report from a qualified professional who shall that the installation does not expose the general public to NIER standards in excess of those of any federal or state agency regulating RF energy.
B. 
The town may provide for the measurement of NIER levels on its own initiative, as necessary, to ensure that the federal or state standards are not exceeded. The owner or operator of the facility shall reimburse the town for the cost of such testing.
C. 
If the standards of any federal or state agency are exceeded at the location of a transmitting antenna, the facility shall not be permitted to continue in operation, and shall constitute a violation as defined and regulated in the Zoning Law[1] of the Town of Haverstraw.
[1]
Editor's Note: See Ch. 167, Zoning.

§ 162-13 Bulk regulations and height.

A. 
In residential districts, all wireless communication facilities shall comply with yard requirements of Chapter 167, Zoning, for principal buildings. No wireless communication facilities may be located between the principal structure and the street.
B. 
In nonresidential districts, wireless communication facilities may be in side or rear yards, as established in Chapter 167, Zoning, as acceptable to the Planning Board, but not in buffers shown on an approved site plan or in a conservation or similar easement. No wireless communication facilities may be located between the principal structure and the street.
C. 
Except for roof-mounted antennas (see § 162-9), in residential districts wireless communication facilities shall not exceed 35 feet in height, unless the requirements of Subsection D below are met. In nonresidential districts, wireless communication facilities shall not exceed 75 feet in height, unless the requirements of Subsection D below are met. These height requirements shall supersede those of Chapter 167, Zoning, as set forth in the Bulk Table thereof.
D. 
In the event that an applicant proposes a height greater than that listed in Subsection C above, the applicant must demonstrate to the satisfaction of the Planning Board that:
(1) 
Alternative means of mounting the antenna have been considered and are not feasible for the applicant.
(2) 
The height is the minimum height necessary for adequate operation to meet the applicant's communication needs, and the aesthetic intrusion has been to the greatest extent practicable.
(3) 
The height is no greater than 50% of the maximum height listed in Subsection C above.
(4) 
The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless communication facilities. This includes but is not limited to yard, buffer, height, floor area ratio for equipment buildings, parking, open space and other requirements. Height requirements set forth in the Bulk Table of Chapter 167, Zoning, shall apply to buildings and equipment shelters.
E. 
[1]In residential districts, new wireless communication towers and monopoles shall be separated from residential buildings on adjacent or abutting properties for a distance of not less than two times the height of the tower or monopole. This requirement shall also apply to the proposed use for wireless communication facilities of towers or monopoles existing at the time of adoption of this chapter.
[1]
Editor's Note: Former Subsection E, regarding the Planning Board's permission to increase the height of any tower in order to accommodate additional users, was repealed 11-23-1998 by L.L. No. 17-1998. This local law also provided for the renumbering of former Subsection F as Subsection E.

§ 162-14 Visual impact and aesthetics.

A. 
For all new wireless communication towers, the applicant shall provide to the Planning Board graphic information that accurately portrays the visual impact of the proposed tower from various vantage points selected by the Planning Board, such as, but not limited to, public parks, designated historic sites or districts or designated scenic areas, and residential areas. This graphic information may be provided in the form of photographs or computer-generated images with the tower superimposed, as may be required by the Planning Board.
B. 
Towers shall be painted a neutral color so as to reduce visual impact and be maintained in good condition subject to any applicable standards of the FAA. At the tower site, the design of the buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend them into the natural setting.
C. 
For all buildings or equipment shelters to be located in all zoning districts, the equipment shelter shall be treated in an architectural manner compatible with the structures in the vicinity.

§ 162-15 Landscaping requirements.

For any new wireless communication facilities, landscaping shall be provided as follows:
A. 
In determining the most appropriate landscaping to be provided, the Planning Board shall consider the visual impact of the proposed facility in its setting with regard to immediate proximity of observers, the sight lines from major viewing points, and from those features identified in § 162-14A.
B. 
The area surrounding the installation shall be landscaped and maintained with shrubbery and ground cover consistent with the surrounding community character.
C. 
Any buildings or other equipment shelters associated with the antenna facility shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen, in whole or part, and effectively mitigate the appearance of the structures and buildings. For any antenna facility requiring a tower or pole, trees having a minimum height of 10 feet a planting shall be planted around the tower or pole, so that over time the visual impact from the tower or pole will be reduced.
D. 
When a security fence is required, the outside of such fencing shall be landscaped with evergreen shrubs, trees or climbing evergreen material on the fencing, or may contain wooden slates woven into the fence so as to mitigate and minimize the industrial character of the fence.
E. 
An existing natural vegetative buffer which meets or exceeds the above requirements can be retained to meet the landscape requirements set forth above.

§ 162-16 Lighting standards.

Except as specifically required by the FAA or the FCC, antennas, including the supporting structure and all related appurtenances, shall not be illuminated, except that buildings may use lighting required by the New York State Uniform Fire Prevention and Building Code or when required for security reasons. When lighting is used, it shall be compatible with the surrounding neighborhood to the greatest degree practicable.

§ 162-17 Fencing and NIER warning signs.

A. 
The areas surrounding the facility shall:
(1) 
Be fenced or otherwise secured in a manner which prevents unauthorized access by the general public to areas where the standards of any federal or state agency are exceeded.
(2) 
Contain appropriate signage to warn of areas of the site where:
(a) 
NIER standards are exceeded; and
(b) 
High risks for shocks or burns exist.
B. 
For wall-mounted antennas, the signage shall be placed no more than five feet off the ground below the antenna.
C. 
For antennas mounted on the roof, the signage shall be placed on all doors which provide access to said roof. The signage shall be placed no more than five feet off the ground.

§ 162-18 NIER exposure standards and performance standards for new antennas.

A. 
No antenna or combination of antennas shall expose the general public to NIER levels exceeding the standard of any federal or state agencies having jurisdiction. In addition, no antenna facility shall emit radiation such that the general public will be exposed to conditions in excess of the standards contained in ANSI-C-95.1.
B. 
For new antennas, the estimated or measured nonionizing electromagnetic radiation (NIER) from a proposed antenna, when added to existing radio frequency electromagnetic radiation from existing sources, shall not exceed the guidelines set forth in the applicable federal and state standards.

§ 162-19 Registration; Building Department records.

A. 
The Town Building Department shall maintain a list of the names, addresses, type and maximum emissions of all wireless communication facility operators in the town.
B. 
If the name or address of the owner or operator of any facility is changed, the Building Department shall be notified of the change within 30 days.
C. 
Within 90 days of operating any transmitting antenna, the owner or operator shall submit to the Building Inspector a written certification by a New York State licensed professional engineer (for monopole or tower installations) that the antenna complies with the Town of Haverstraw Code and all other applicable government regulations.

§ 162-20 Planning Board findings; requirements not subject to waiver or variance.

A. 
The Planning Board shall make written findings that the issuance of a special permit is in compliance with all of the requirements of this chapter.
B. 
The special permit requirements shall not be waived and shall not be subject to the issuance of variances, as this special permit procedure supersedes the applicable portions of Chapter 167, Zoning.

§ 162-21 Expiration of special permit; certification of compliance.

A. 
The special permit shall be issued to the applicant and shall expire upon the termination of the use. A special permit shall be deemed to have expired after a two-year period unless a building permit has been obtained within that period of time.
B. 
In special situations requiring periodic review, the Planning Board may issue a special permit on a renewable basis for a period of not less than five years.
C. 
Prior to the issuance of a certificate of occupancy, the applicant shall provide a report to the Building Inspector, prepared by a New York State licensed professional engineer, certifying that any monopole or tower has been constructed in accordance with the plans approved by the Building Inspector.

§ 162-22 Existing installations; inoperative or abandoned facilities.

A. 
The operator of any wireless communication facility existing at the time that this chapter takes effect shall be permitted to remain in operation, provided that the operator submits proof within six months of the enactment of this chapter that a valid building permit has been issued for the facility, and that the facility complies with the standards adopted by the Federal Communications Commission (FCC), as certified by a professional engineer with qualifications acceptable to the Town of Haverstraw. Operating antennas or towers that are conforming with respect to the regulations of the FCC shall be permitted to remain.
B. 
Any facility for which emission, structural and security compliance documentation is not received shall cease operations within three months of the enactment of this chapter and be removed thereafter in accordance with the provisions of this chapter. Any facility in a residential zoning district which was not operating as of December 31, 1997, shall be considered to be nonconforming and shall be removed within three months of the enactment of this chapter. In the event that such facilities are not completely removed within such time, the town shall be authorized to effect such removal in accordance with the following procedure:
(1) 
The Building Inspector shall give written notice that such wireless communication facility must be completely removed from such property within a time to be specified in such notice, which time shall not be less than 10 nor more than 30 days after service of such notice. Such notice shall contain a statement that in the event that such facility is not completely removed within the time specified therein, the town will cause such removal to occur, and thereupon the property upon which the facility is situated will be assessed for all costs and expenses incurred by the town for the purpose of effecting such removal, said costs and expenses to be collected in the same manner and time as town taxes. Such notice shall be served by the Building Inspector either personally or by certified mail upon the owner of the property on which such facility is located, as such owner is shown on the last completed tax assessment roll of the town. If such notice is served by certified mail, it shall be mailed to the owner of the property at the address shown on the last completed tax assessment roll of the town.
(2) 
In the event that such wireless communication facility is not completely removed as directed in the notice of the Building Inspector within the time specified therein, the town may at any time thereafter enter upon the property and cause such facility to be removed; provided, however, that no demolition shall take place without the express approval of the Town Board. All costs and expenses incurred by the town in connection with such removal, including all administrative expenses and financing expenses, if any, shall be against such property by the Town Board in the manner provided by law.

§ 162-23 Severability.

Should any section, paragraph, sentence, clause, word or provision of this chapter be declared void, invalid or unenforceable for any reason, such decision shall not affect the remaining provisions of this chapter.

§ 162-24 Supersession of inconsistent provisions.

Pursuant to New York Municipal Home Rule Law § 22, the provisions of this chapter are intended to supersede any inconsistent provision of law.