A. 
At any time between 12 months and six months before the expiration of five years from the issue date of a permit and all subsequent five-year anniversaries, the permit holder shall submit a signed written request to the Board for recertification containing the following information:
(1) 
The name of the holder.
(2) 
If applicable, the number or title of the permit.
(3) 
The date the original permit was issued.
(4) 
Whether the facility has been moved, rebuilt, or modified since the permit was issued and if so, in what manner; whether the Board approved such action; if conditionally, what the terms were and if they were met.
(5) 
Requests for waivers or relief from the requirements of this chapter or conditions of the permit.
(6) 
Certification that the facility complies with the permit and all applicable codes, laws, rules, and regulations.
(7) 
If the facility includes a tower, recertification by a qualified New York State licensed professional engineer acceptable to the Board and at the holder's expense that the tower and attachments "as built" continue to meet all local, state, and federal structural requirements for loads, including wind and ice loads.
B. 
If the Board determines that the facility complies with the permit, this chapter, and all other applicable rules, regulations, and laws it shall issue a recertified permit, which may include new provisions or conditions that are mutually agreed on or that the Board determines are required by applicable rules, regulations, and laws. If the Board determines that the facility is not in compliance, it shall not be used after the date that the permit holder receives written notice of the Board's decision.
C. 
If the Board does not render a decision before the expiration of the permit, it shall be extended for up to six months for the Board to complete its review.
D. 
If the permit holder does not submit a request for recertification during the six-month period specified above, the permit shall expire on the applicable fifth anniversary date unless the holder presents extenuation circumstances to the Board. If the Board excuses the default the holder may submit a late recertification request.
Transfer of a permit without the express prior written consent of the Board shall be void and exposes the permit to revocation.
Application fees shall be established from time to time by resolution of the Town Board and may be in different amounts for different transactions, distinguishing, for example, new facilities from recertifications, modifications, and collocations.
The permit holder shall provide the Town with a bond or other security acceptable to the Town in form and amount to assure compliance with this chapter and the permit. The full amount of the bond or security shall remain in full force and effect throughout the term of the permit or until the facility is removed and the site restored. The permit may be revoked if such security is not kept continuously in force.
A. 
At any time and from time to time the Town may inspect a permit holder's facility for compliance with this chapter, the provisions of the permit, and applicable laws and regulations.
B. 
The Town shall pay for costs of inspection unless the permit holder refuses to cooperate with respect to an inspection or if violations are found to exist; the holder shall then reimburse the Town for inspection costs.
C. 
Payment of such costs shall be made to the Town within 30 days from billing. Nonpayment shall be treated as a violation of this chapter.
The holder of a permit shall annually provide to the Town an engineer's certificate that the NIER levels at the site are within the threshold levels adopted by the FCC.
A. 
The holder of a permit shall at all times maintain at least the following insurance from companies licensed to do business in New York with a Best's rating of at least A:
(1) 
Commercial general liability covering personal injuries, death, and property damage: Combined single limit of $2,000,000.
(2) 
Automobile coverage: Combined single limit of $2,000,000.
(3) 
Workers' compensation and disability: Statutory amounts.
(4) 
Commercial general liability insurance shall be endorsed to include the Town and its officers, boards, employees, committee members, attorneys, agents, and consultants as additional insured.
B. 
Policies shall be endorsed to require at least 30 days' prior written notice to the Town before cancellation.
C. 
Renewal or replacement policies shall be delivered to the Town at least 15 days before the expiration of the current policies.
D. 
Before construction of a permitted facility, but in no case later than 15 days after the permit is issued, the holder shall deliver to the Town a copy of each of the required policies.
A. 
If a wireless communications facility is repaired, rebuilt, placed, moved, relocated, modified, or maintained in a way that does not conform with this chapter or of the permit for the facility, the Board shall give the permit holder written notice specifying the nature of the violation and requiring that it be corrected within seven days after notice served personally or 10 days after the postmark date of notice served by mail; however, if the violation presents an imminent danger or threat to the health or safety of lives or property, the Board may, at its sole discretion, order it remedied within 24 hours.
B. 
If, within the foregoing deadlines, the facility is not brought into compliance or substantial steps are not taken to achieve compliance, the Board may revoke the permit.
A. 
The Board may require the removal of a wireless communications facility if:
(1) 
It has been abandoned, i.e., not used as a wireless communications facility for more than 90 consecutive days or a total of 180 days in any 365-day period, except because of force majeure or Acts of God, in which case repair or removal shall commence within 90 days; or
(2) 
It falls into a hazardous state of disrepair; or
(3) 
It has been located, constructed, or modified without first obtaining the permit required under this chapter, or in a manner not authorized by a required permit or any other necessary authorization.
(4) 
The permit for the facility has been revoked.
B. 
If the Board makes such a determination or takes such action, it shall notify the permit holder and the property owner within 48 hours that the facility is to be removed. The Board may authorize interim temporary use of the facility pending its sale.
C. 
The permit holder shall dismantle and remove all structures and buildings comprising the facility and restore the site as close to its original condition as physical or commercial practicability allow, within 90 days of receipt of the Board's notice. If within 90 days removal and restoration have not been finished or substantial progress has not been made, the Town may do the work at the sole expense of the permit holder.
D. 
If the Town removes the facility and the permit holder does not claim the property and take it away within 10 days, the Town may declare the property abandoned and sell it.
E. 
The remedies provided in this section are in addition to any other remedies provided by law.
A permit holder or other person having an interest or potential interest in a permitted facility who desires a waiver or exemption from any requirement of this chapter may apply to the Board for such relief. Such waiver may be temporary or permanent, partial or complete, at the sole discretion of the Board. The burden of proving the need for the requested relief or exemption to the satisfaction of the Board is solely on the applicant, who shall bear all costs of the Board in considering the request. The waiver or exemption shall not be transferable without express written permission of the Board. No request shall be approved unless the applicant establishes that, if granted, the waiver or exemption will have no significant adverse effect on the health, safety, and welfare of the Town, its residents, and other service providers.
A. 
Appeals from determinations by the Board may be taken to the supreme court as provided in § 274-a, Subdivision 11, of the Town Law.
B. 
Appeals from determinations of the Town Code Enforcement Officer under the State Uniform Code shall be taken as provided in 19 NYCRR 1205, Uniform Code: Variance and Appeals Procedures. Appeals from other determinations of the Town Code Enforcement Officer under this chapter shall be taken to the Town Board under the procedures provided for in Town Law § 267-a and from the resulting determinations of the Town Board to the Supreme Court as provided in Town Law § 267-c.
[Amended 3-13-2003 by L.L. No. 2-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]