Town of Union, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Union 5-18-2011 by L.L. No. 6-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.

§ 186-1 Statutory authority; legislative intent.

A. 
Telecommunications facilities are a permitted use in all zoning districts as public utility buildings, subject to the requirements of the zoning district in which they are located and subject to the issuance of a building permit and such other permits and approvals as are prescribed in this section.
B. 
Legislative intent. The Town of Union recognizes the increased demand for wireless communication transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower and/or similar facilities. The intent of this section is to regulate the location, construction and modification of the telecommunications facilities in accordance with the guidelines of the Telecommunications Act of 1996 and other applicable laws by:
(1) 
Accommodating the need for telecommunications towers/antennas while regulating their location and number in the community.
(2) 
Minimizing the adverse visual impacts of these towers/antennas through proper siting, design and screening.
(3) 
Preserving and enhancing the positive aesthetic qualities of the natural environment and current development in the Town of Union.
(4) 
Providing for the health, safety and welfare of the community by avoiding potential damage or other negative impacts to adjacent properties from power failure, falling ice, etc., through proper siting and engineering.
(5) 
Requiring the joint use of towers (collocation) when available and encouraging the placement of antennas on existing structures to minimize the number of such structures in the future.

§ 186-1.1 Definitions; word usage.

[Added 8-5-2015 by L.L. No. 2-2015]
A. 
For purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section.
B. 
When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number.
C. 
The word "shall" is always mandatory, and not merely directory.
ACCESSORY FACILITY or STRUCTURE
An accessory facility or structure serving or being used in conjunction with wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to utility or transmission equipment storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.
ANTENNA SPECIAL USE PERMIT
The official document or permit by which an applicant is allowed to file for a building permit to construct and use a DAS or microcell as granted or issued by the Town.
APPLICANT
Any wireless service provider submitting an application for a special use permit for wireless telecommunicationss facilities.
APPLICATION
All necessary and appropriate documentation that an applicant submits in order to receive a special use permit for wireless telecommunicationss facilities.
CO-LOCATION
The use of an existing tower or structure to support antennas for the provision of wireless services. A replacement tower that is constructed on the same site as an existing tower will be considered a co-location as long as the new tower is no taller than the old tower and the old tower is removed within 180 days after the new tower is constructed.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be commercial impracticable and shall not render an act or the terms of an agreement commercially impracticable.
COMPLETED APPLICATION
An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. DAS antenna elevations are generally at or below the clutter level, and node installations are compact.
FAA
The Federal Aviation Administration, or its duly designated and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated and authorized successor agency.
HEIGHT
When referring to a tower or structure, the distance measured from the preexisting grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.
MICROCELL
A cell in a mobile phone network served by a low-power cellular base station (tower), covering a limited area such as a mall, hotel, school or transportation hub.
MODIFICATION or MODIFY
The addition, removal or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or changeout of equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a telecommunications tower or telecommunications site as a co-location is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without adding, removing or changing anything.
NIER
Non-ionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.
PERSONAL WIRELESS FACILITY
See definition for "wireless telecommunications facilities."
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS SERVICE or PCS
The same meaning as defined and used in the 1996 Telecommunications Act.
PLANNING BOARD
The Planning Board of the Town of Union.
REPAIRS AND MAINTENANCE
The replacement of any components of a wireless facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernable components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.
STATE
The State of New York.
STEALTH or STEALTH TECHNOLOGY
To minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TELECOMMUNICATIONS SITE
See definition for "wireless telecommunications facilities."
TELECOMMUNICATIONS STRUCTURE
A structure used in the provision of services described in the definition of "wireless telecommunications facilities."
TEMPORARY
In relation to all aspects and components of this chapter, something intended to or that does not exist for more than 90 days.
TOWER
Any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal.
TOWER SPECIAL USE PERMIT
The official document or permit by which an applicant is allowed to file for a building permit to construct and use wireless telecommunications facilities as granted or issued by the Town.
TOWN BOARD
The Town Board of the Town of Union.
WIRELESS TELECOMMUNICATIONS FACILITIES
Includes a "telecommunications site" and "personal wireless facility." It means a structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes, without limit, towers of all types and kinds and structures, including but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunications service not licensed by the FCC.

§ 186-2 Permitted locations, approvals and bulk requirements.

[Amended 8-5-2015 by L.L. No. 2-2015]
No telecommunications facility shall be sited, located, constructed, erected or modified without the issuance of a building permit, tower special use permit and site plan approval, and such other permits or approvals as are prescribed by the Code of the Town of Union.
A. 
Co-located/existing structure antennas and modifications to existing towers/antennas; approvals and bulk requirements.
(1) 
Approvals. Minor site plan approval and a building permit shall be required, but no special use permit is required. The minor site plan application shall include:
(a) 
A structural analysis/report, certified by a New York State-licensed professional engineer, verifying the ability of the structure to handle the antenna.
(b) 
Certification by a qualified radio frequency engineer (signed and sealed by a New York State-licensed professional engineer) that the cumulative emissions from all antennas proposed to be located at the proposed site meet federal guidelines.
(c) 
Treated as an unlisted action under SEQR unless it meets the definition for a TYPE 1 action; appropriate environmental form should be submitted.
(2) 
Bulk requirements. The height of the new antenna shall extend no more than 15 feet above the height of the original existing structure. 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.
B. 
Non-co-located/new structure antennas; approvals and bulk requirements.
(1) 
Approvals. A tower special use permit, site plan and building permit shall be required for all new, relocated and/or replacement towers. Such permits shall be treated as a Type I action under SEQRA. The following information shall be submitted with the application:
(a) 
Documentation 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) 
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 locations the applicant is seeking to serve, and including a report on the possibilities and opportunities for co-location as an alternative to a new site.
(c) 
Documentation 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 reasonably potential structural capacity of existing facilities or structures within or outside of the Town considering the existing and planned use for those facilities or structures.
[2] 
The existing or proposed equipment would cause interference with other existing or proposed equipment that could not reasonably be mitigated or prevented.
[3] 
The existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably.
[4] 
The applicant has not been able, following good faith efforts, to reach an agreement with the owner(s) of such facilities or structures.
[5] 
Other reasons which make it impractical to locate or place the proposed equipment on said facilities or structures.
(d) 
A copy of its policy regarding co-location on the proposed tower with other potential future applicants. Such policy should allow co-location under the following conditions:
[1] 
The new antenna(s) and equipment do not exceed structural loading requirements, interfere with Town space used or to be used by the applicant or pose any technical or radio frequency interference with existing equipment;
[2] 
The party desiring to co-locate pays the applicant an appropriate and reasonable sum to co-locate; and
[3] 
The party desiring to co-locate has a similar policy of co-location for the applicant.
(2) 
Bulk requirements. In all residential zoning districts, new or relocated towers and antennas shall be set back from all property lines a minimum distance equal to their height (measured from their base) plus 100 feet. In all other zoning districts, new or relocated towers and antennas shall be set back from all property lines a minimum distance equal to their height (measured from their base). The towers shall also be set back a minimum distance equal to their height from all power lines. The Planning Board may require an additional setback area in the case of guy wires, taking into consideration the length of the guy wires and the location of ground anchors.
C. 
DAS/microcell on an existing structure; approvals and bulk requirements.
(1) 
Approvals. Minor site plan approval and a building permit shall be required, but no special use permit is required. The minor site plan application shall include:
(a) 
A structural analysis/report, certified by a New York State-licensed professional engineer, verifying the ability of the structure to handle the antenna.
(b) 
Certification by a qualified radio frequency engineer (signed and sealed by a New York State-licensed professional engineer) that the cumulative emissions from all antennas proposed to be located at the proposed site meet federal guidelines.
(c) 
Treated as an unlisted action under SEQR unless it meets the definition for a TYPE 1 action; appropriate environmental form should be submitted.
(d) 
Removal bond required at amount determined by Planning Department if the equipment becomes obsolete or ceases to be used for its intended purposes. The amount of the bond shall be reviewed every five years.
(2) 
Bulk requirements. The height of the new antenna shall extend no more than 10 feet above the height of the original existing structure. Antennas projecting over walkways or sidewalks must have a minimum clearance between the bottom of the equipment and the ground of nine feet. Antennas projecting over a traffic area, such as a driveway or parking lot aisle, must have a minimum clearance between the bottom of the equipment and the ground of 15 feet. 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.
D. 
DAS/microcell on a new structure; approvals and bulk requirements.
(1) 
Approvals. An antenna special use permit, site plan, application fee and building permit shall be required for all new, relocated and/or replacement towers. Such permits shall be treated as a Type I action under SEQRA. The following information shall be submitted with the application:
(a) 
Documentation 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) 
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 locations the applicant is seeking to serve, and including a report on the possibilities and opportunities for co-location as an alternative to a new site.
(c) 
Documentation 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 reasonably potential structural capacity of existing facilities or structures within or outside of the Town considering the existing and planned use for those facilities or structures.
[2] 
The existing or proposed equipment would cause interference with other existing or proposed equipment that could not reasonably be mitigated or prevented.
[3] 
The existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably.
[4] 
The applicant has not been able, following good faith efforts, to reach an agreement with the owner(s) of such facilities or structures.
[5] 
Other reasons which make it impractical to locate or place the proposed equipment on said facilities or structures.
(d) 
A copy of its policy regarding co-location on the proposed tower with other potential future applicants. Such policy should allow co-location under the following conditions:
[1] 
The new antenna(s) and equipment do not exceed structural loading requirements, interfere with Town space used or to be used by the applicant or pose any technical or radio frequency interference with existing equipment;
[2] 
The party desiring to co-locate pays the applicant an appropriate and reasonable sum to co-locate; and
[3] 
The party desiring to co-locate has a similar policy of co-location for the applicant.
(2) 
Bulk requirements. In residential districts, setbacks from all property lines should be equal to 1/2 the height of the structure. In commercial and industrial districts the setbacks from all property lines should be 1/3 the height of the structure. If placed within the public right-of-way, setback of the structure should be determined by acceptable engineering practices. The Planning Board may require an additional setback area in the case of guy wires, taking into consideration the length of the guy wires and the location of ground anchors.

§ 186-3 Tower or antenna special use permit application; fees and site plan.

[Amended 8-5-2015 by L.L. No. 2-2015]
A. 
In addition to the requirements set forth herein, all applications shall be processed in accordance with the requirements of § 300-66. The application shall be accompanied by the payment of the antenna or tower special use permit application fee as set from time to time by resolution of the Town Board. In addition to the application fee, the applicant shall also be responsible for all reasonable costs incurred by the Town in reviewing and analyzing engineering or technical reports or studies submitted by the applicant relative to its application.
B. 
The application shall not be deemed complete unless accompanied by the long-form EAF, the propagation studies and search ring analysis.
(1) 
"Before" and "after" propagation studies shall be prepared by a qualified radio frequency engineer (signed and sealed by a New York State licensed professional engineer) demonstrating existing signal coverage resulting from the proposed telecommunications facility.
(2) 
A search ring analysis shall be prepared by a qualified radio frequency engineer (signed and sealed by a New York State licensed professional 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.
C. 
The applicant must be prepared to explain to the Planning Board how and why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring, which would have allowed for collocated antenna(s), and to what extent the applicant explored locating the proposed tower and antenna in a more desirable use district. Proof of correspondence with other telecommunications companies concerning collocation shall be part of this requirement.
D. 
A site plan shall be submitted and shall include:
(1) 
The exact location of the proposed tower, together with guy wires and ground anchors, if applicable, and any accessory structures.
(2) 
The maximum height of the proposed tower and antenna.
(3) 
A detail of tower type (monopole, guyed, freestanding or other).
(4) 
The color or colors of the tower.
(5) 
The location, type and intensity of any lighting on the tower and antenna.
(6) 
A survey showing the boundary of the property and a topographical map of the property with contour lines not exceeding five-foot intervals.
(7) 
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 final lease agreement, plus any amendments thereto, must also be provided if the applicant will not own the property.
(8) 
The location of all current and proposed structures on the property and all structures on any adjacent property within 100 feet of the property lines, together with the distance of these structures to the tower and antenna.
(9) 
Identification of adjacent landowners.
(10) 
The location, nature and extent of any proposed fencing, landscaping and/or screening. Existing on-site vegetation shall be preserved to the maximum extent possible.
(11) 
The location and nature of proposed utility easements and access roads, if applicable. The applicant must demonstrate that all private access roads will be maintained in order to ensure access by emergency vehicles on a year-round basis.
(12) 
Building elevations of accessory structures or immediately adjacent buildings.
(13) 
A visual study showing where, within a two-mile radius, any portion of the proposed tower/antenna could be seen.
E. 
The Planning Board, upon reviewing the application, may request reasonable additional visual, 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.

§ 186-4 Review standards.

A. 
The following criteria will be considered by the Planning Board prior to the approval/denial of a request for a special use permit. The criteria listed may be used as a basis to impose reasonable conditions on the applicant. Such special use permits are not assignable and are nontransferable.
B. 
Siting preferences.
(1) 
The Town may express a preference for an alternative site(s) and/or that the proposed telecommunications facility be located in a higher-intensity use district or on higher-intensity use property, provided that there is a technologically feasible and available location. A guideline for the Town's preference for the location of a telecommunications facility, from most desirable to least desirable zoning district/property, is as follows:
Most desirable location: property with an existing structure suitable for collocation.
Municipal or government-owned property
Industrial (IN) Zoning Districts
General Commercial (CG) Zoning Districts
Neighborhood Commercial (NC) Zoning Districts
Central Business (CB) Zoning Districts
Commercial Office (CO) Zoning District
Any over lay districts
Suburban Multi-Family (SMF) Zoning Districts
Urban Multi-Family (UMF) Zoning Districts
Urban Two Family (UTF) Zoning Districts
Suburban Single Family (SSF) Zoning Districts
Urban Single Family (USF) Zoning Districts
Rural Residential (RR) Zoning Districts
Least desirable location: sites which are in close proximity to significant historic sites and/or important preservation/conservation areas
(2) 
Any request by the Town for information or technical analysis on a preferred alternate site shall be provided by the applicant at its sole cost and shall not unreasonably delay the application.
C. 
Aesthetics.
(1) 
Telecommunications facilities shall be located and buffered to the maximum extent that is practical and technologically feasible to help ensure compatibility with surrounding land uses.
(2) 
In order to minimize any adverse aesthetic effect on abutting properties, the Planning Board may impose reasonable conditions on the applicant, including but not limited to the following:
(a) 
Monopoles are a preferred design. The Board may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. The Board may impose reasonable restrictions and/or conditions on height. For example, the Board may reasonably determine that adverse impacts upon the community will be best mitigated by requiring the applicant to construct multiple towers of lower height at several different locations to meet the applicant's demonstrated service coverage requirement(s) or that the tower height be reduced in the future if the applicant is unable to demonstrate a continuing need for the approved height in light of changes in the applicant's service coverage needs or technological advances.
(b) 
Existing on-site trees and vegetation shall be preserved to the maximum extent possible. The Board may require landscaping consisting of trees or shrubs to screen the base of the tower and antenna and/or to screen the tower and any accessory structure or buildings from adjacent property.
(c) 
The Board may require the applicant to show that it has made good faith efforts to collocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.
(d) 
The type of finish, color and lighting shall be subject to Town and/or FAA approval. The Town may require lights to be shielded to minimize ground visual impact.
(e) 
No tower shall contain any signs or advertising devices. Notwithstanding the foregoing, the Board may require appropriate signage indicating ownership of the facility and phone numbers to call in case of emergency.
(f) 
All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the site unless otherwise permitted in the zoning district in which the facility is located.
D. 
Radio frequency; inspections.
(1) 
The Planning Board shall impose a condition on the applicant that the telecommunications antenna will be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency (EPA) technical exposure limits and may periodically require that the applicant provide competent documentation to support that maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded.
(2) 
Unless otherwise preempted by federal or state law, the telecommunications facility shall be inspected every two years, at the applicant's expense, for radio emissions, and a copy of the report shall be promptly delivered to the Building Official. A New York State licensed professional engineer specializing in electrical engineering, with expertise in radio communications facilities, shall perform radio emission inspections. The radio emission inspection shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of collocated antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility is above the allowable limits stated with applicable FCC or ANSI standards or other applicable federal or state guidelines in effect at the time of the inspection, the applicant shall cease all use of the facility until such time as it proves, to the satisfaction of the Building Official, or pertinent Town consultant, that the power density levels of the electromagnetic energy to be generated at the facility are below the applicable standards.
E. 
Traffic access, parking and safety.
(1) 
A road turnaround and one parking space shall be provided to assure adequate year-round emergency and service access. Minimum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower or antenna(s) accessory structure is prohibited.
(2) 
All towers and ground anchors, if applicable, shall be enclosed by a fence not less than eight feet in height and otherwise sufficiently protected from trespassing or vandalism.
(3) 
The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations, and from time to time may be required to provide certification of such compliance.
(4) 
All towers and antennas shall include anticlimbing devices for a minimum of 25 feet extending above ground level.
F. 
Removal of tower and demolition bonding. The applicant shall agree to remove the tower and antenna if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. At the time of initial approval, the Planning Board shall require the applicant to provide an appropriate and adequate demolition bond for the purpose of removing the telecommunications facility and restoration of the land in case the applicant fails to do so as required above. The sufficiency of the demolition bond shall be confirmed at least every five years by analysis and report of the cost of removal and property restoration, to be performed by a New York State licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determine that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs, within 10 days of the applicant's receipt of such report.
G. 
Structural safety and certifications.
(1) 
During the application process and after construction of the tower, the applicant shall provide a certification from a New York State licensed professional engineer certifying that the tower and antennas meet applicable New York State and ANSI structural safety standards.
(2) 
Unless otherwise preempted by federal or state law, the telecommunications facility shall be inspected every two years, at the applicant's expense, for structural integrity. A copy of the report shall be promptly delivered to the Building Official. A New York State licensed professional engineer specializing in structural engineering shall perform the structural inspection. The structural inspection report shall describe the structural integrity of the facility, maintenance issues and repairs needed or made, if any. In the event that the structural inspection indicates structural deficiencies, the deficiencies must be remedied within the time reasonably set by the Building Official. Upon the applicant's failure to do so, the permit may be revoked.
H. 
Maintenance of telecommunications facility. All telecommunications facilities shall be maintained in good order and repair. The Town may require reasonable records of such maintenance to be kept and available for Town review upon request.

§ 186-5 Exemptions.

The following towers and antennas are exempt from this section's requirements:
A. 
Towers and antenna(s) may be repaired and maintained without restriction.
B. 
Antennas and satellite antennas used solely for residential household television and radio reception.
C. 
Satellite antennas measuring two meters or less in diameter and located in commercial and industrial districts and satellite antennas one meter or less in diameter regardless of location.

§ 186-6 Procedure.

A. 
In the event of any conflicts or inconsistencies between this chapter and any other local law, including the Zoning Law, this article is meant to control for telecommunications towers and similar facilities in the Town unless otherwise specifically referenced in this chapter.
B. 
In the event that there is a change in technology that alters the use of the telecommunications facilities cited pursuant to this chapter, the Town reserves the right to require a new application to be submitted, which complies with the above requisites, from all owners of such telecommunications facilities.

§ 186-7 Severability.

If any part of this chapter shall be judicially declared to be invalid, void, unconstitutional or unenforceable, all unaffected provisions hereof shall survive such declaration and this chapter shall remain in full force and effect as if the invalidated portion had not been enacted.

§ 186-8 When effective.

This chapter shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.