This chapter may be cited and referred to as the "Wireless Communications Facility Regulations" ("regulations") of the Town of Steuben, Oneida County, New York.
The Town Board of the Town of Steuben recognizes that wireless communication, particularly personal wireless service, is an inherent feature of the modern economic and technological landscape, but has also determined that regulation of the siting, construction, and modification of wireless communications facilities is necessary in the public interest. This chapter provides for a comprehensive application and permit process for the siting, construction, and modification of wireless communications facilities. The intent of this chapter is to minimize negative effects of wireless communications facilities on the primarily residential and rural character of land use in the Town, establish fair and efficient procedures for reviewing and acting on applications, and assure integrated and comprehensive consideration of aesthetic, environmental, and safety concerns in connection with the siting, construction, and modification of such facilities. This chapter is adopted under the authority of the Town under § 10 of the Municipal Home Rule Law for the protection and enhancement of the Town's physical and visual environment and for the protection, order, conduct, safety, health and well-being of persons or property in the Town.
The Planning Board of the Town of Steuben (the "Board") is vested with the authority to review, approve, approve with modifications, or disapprove permits for wireless communications facilities.
A.
This chapter apply to all wireless communications facilities, as defined in § 127-7, located within the Town.
B.
No wireless communications facility may be constructed, moved, reconstructed, or altered, and no existing structure shall be modified to serve as a wireless communications facility without a permit issued by the Board ("permit") in conformity with this chapter.
(1)
Exceptions.
(a)
Wireless communications facilities existing and in use on or before the effective date of this chapter may continue as they then existed, but any modification must comply with this chapter.
(b)
Wireless communications facilities exclusively for private radio and television reception and private citizen's bands, amateur radio, and similar communications. In accordance with Federal Communications Commission (FCC) preemptive ruling PRB1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height, provided that a determination is made by the Code Enforcement Officer that the proposed tower height is technically necessary to successfully engage in amateur radio communications.
[Amended 3-13-2003 by L.L. No. 2-2003]
C.
With respect to personal wireless services facilities as defined in 47 U.S.C. § 332(c)(7) (Telecommunications Act of 1996), this chapter shall be administered in conformity with that section; however, this provision shall apply only if the applicant has a valid FCC license to provide such service from the facility or unless the applicant submits proof that the proposed facility will otherwise be used by a provider of such service with a valid FCC license.
D.
In approving a permit with modifications, the Board is authorized to impose reasonable conditions and restrictions directly related and incidental to the wireless communications facility that is the subject of the application.
E.
Except for public hearings called for by this chapter, the Board may waive any of the submission or other requirements of this chapter that it deems inapplicable or unnecessary for the matter at hand.
F.
The Board is not confined to acting solely on information supplied by the applicant, but is authorized to introduce its own evidence into the record of review under this chapter and to consider alternate sites for a facility in addition to the site or sites proffered by the applicant.
A.
Conflict. This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except as provided in this chapter. Where any provision of this chapter imposes restrictions different from any other ordinance, rule or regulation, statute, or other provision of law, the provision that is more restrictive or imposes higher standards shall control.
B.
Federal preemption. Federal preemption shall prevail over conflicting provisions of this chapter without regard to comparative effect.
C.
Severability. The provisions of this chapter are severable and the invalidity of a particular provision shall not invalidate any other provision.
A.
The enforcement of this chapter shall be the responsibility of the Town's Code Enforcement Officer.
[Amended 3-13-2003 by L.L. No. 2-2003]
B.
A violation of this chapter or of the terms and conditions of a permit is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, on conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional offense.
C.
The Town may also apply for injunctive relief to restrain continued violations of this chapter or the conditions of a permit and, if necessary, to remove any installation that may have been made in violation of this chapter or a permit.