No special use permit relating to a telecommunications
facility shall be authorized by the Planning Board unless it finds
that such facility:
A. Is necessary to provide adequate service to locations
that the applicant is not able to serve with existing facilities;
B. Conforms to all applicable regulations promulgated
by the Federal Communications Commission, Federal Aviation Administration,
and other federal agencies; and
C. Will be designed and constructed in a manner which
minimizes visual impact to the extent practical;
D. Is the most appropriate site among those available
within the technically feasible area for the location of a telecommunications
facility.
Enforcement of this article shall be the duty of the Code Enforcement Officer in accordance with Chapter
12 of the Code of the Town of Shandaken.
At the time of submission of the application
for a telecommunications facility, the applicant shall submit a contract
agreement to remove all antennas, driveways, structures, buildings,
equipment sheds, lighting, utilities, fencing, gates, accessory equipment
or structures, as well as any tower or tower pad used as a telecommunications
facility if such facility becomes technologically obsolete or ceases
to perform its originally intended function for more than 12 consecutive
months. Upon removal, the land shall be restored to its previous condition,
including but not limited to the seeding of exposed soils.