A building permit must be obtained within six months after approval
of a site plan for a personal wireless service facility and construction
of such facility must be completed within 12 months of such approval.
The site plan approval shall automatically expire in the event that
the Code Enforcement Officer has not granted such permit and construction
of the facility is not completed within the periods set forth above.
A.
Unless otherwise preempted by federal or state law, personal wireless
service facilities, including towers, monopoles and antennas, shall
be inspected annually at the applicant's expense for structural integrity,
and a copy of the inspection report shall be promptly transmitted
to the Code Enforcement Officer. The structural inspection shall be
performed by a New York State licensed professional engineer specializing
in structural engineering. The structural inspection report shall
describe the structural integrity of the personal wireless service
facility, maintenance issues and repairs needed or made, if any. In
the event that the structural inspection indicates structural deficiencies,
then the deficiencies must be remedied by the applicant at the applicants
expense within the time reasonably set by the Code Enforcement Officer.
B.
Unless otherwise preempted by federal or state law, personal wireless
service facilities, including towers, monopoles and antennas, shall
be inspected annually at the applicant's expense for radio emissions,
and a copy of the inspection report shall be promptly transmitted
to the Code Enforcement Officer. Radio emission inspection shall be
performed by a New York State licensed professional engineer specializing
in electrical engineering with expertise in radio communication facilities.
The radio emission inspection shall describe the power density levels
of the electromagnetic energy generated from the facility, including
the cumulative effects of co-located antennas. In the event that the
radio emission inspection indicates that the electromagnetic energy
generated from the facility are above the allowable limits stated
within applicable state or federal 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 Code Enforcement
Officer that the power density levels of the electromagnetic energy
to be generated at the facility are below the applicable standards.
In the event that the use of any personal wireless facility
has been discontinued by all operators on such facility for a period
of 180 consecutive days or more, the facility shall be deemed to be
abandoned. Determination of the date of abandonment shall be made
by the Code Enforcement Officer, who shall have the right to request
documentation from the owner/operator of the facility regarding usage
of the facility threat. Upon such abandonment, the owner/operator
shall remove the facility at its own expense, and failing prompt removal,
the municipality may remove the facility at the owner/operator's
expense. At the applicant's expense, the site shall be returned
to the maximum amount practicable, to its original condition. All
site plan approval and approvals of any nature granted by the municipality
shall automatically expire as of the date of abandonment of the facility.
Alteration of an existing antenna which results in an increase
in the size of height of the antenna may be permitted only after application
to the Planning Board which shall review the matter as if the alteration
were an entirely new application for site plan approval.
