[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.
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.
[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.
ACCESSORY FACILITY or STRUCTURE
ANTENNA
ANTENNA SPECIAL USE PERMIT
APPLICANT
APPLICATION
CO-LOCATION
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE
COMPLETED APPLICATION
DISTRIBUTED ANTENNA SYSTEM (DAS)
FAA
FCC
HEIGHT
MICROCELL
MODIFICATION or MODIFY
NIER
PERSON
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
PLANNING BOARD
REPAIRS AND MAINTENANCE
STATE
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATIONS
TELECOMMUNICATIONS SITE
TELECOMMUNICATIONS STRUCTURE
TEMPORARY
TOWER
TOWER SPECIAL USE PERMIT
TOWN BOARD
WIRELESS TELECOMMUNICATIONS FACILITIES
The word "shall" is always mandatory, and not merely directory.
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.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
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.
Any wireless service provider submitting an application for
a special use permit for wireless telecommunicationss facilities.
All necessary and appropriate documentation that an applicant
submits in order to receive a special use permit for wireless telecommunicationss
facilities.
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.
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.
An application that contains all information and/or data
necessary to enable an informed decision to be made with respect to
an application.
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.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
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.
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.
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.
Non-ionizing electromagnetic radiation.
Any individual, corporation, estate, trust, partnership,
joint stock company, association of two or more persons having a joint
common interest, or any other entity.
See definition for "wireless telecommunications facilities."
The same meaning as defined and used in the 1996 Telecommunications
Act.
The Planning Board of the Town of Union.
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.
The State of New York.
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.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
See definition for "wireless telecommunications facilities."
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
In relation to all aspects and components of this chapter,
something intended to or that does not exist for more than 90 days.
Any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
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.
The Town Board of the Town of Union.
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.
[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.
[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.
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.
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.
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.
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.
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.
