[HISTORY: Adopted by the Town Board of the Town of Hoosick 3-27-2000 by L.L. No. 2-2000. Amendments noted where applicable.]
A. 
The Planning Board of the Town of Hoosick is hereby authorized to review and approve, approve with conditions, or disapprove, applications for wireless telecommunications permits for personal wireless telecommunications service facilities, consistent with this chapter and other applicable laws, ordinances and regulations of the Town of Hoosick.
B. 
The Planning Board of the Town of Hoosick is hereby authorized to review and approve, approve with modifications, or disapprove, site plans for personal wireless telecommunications service facilities, consistent with this chapter, other applicable laws, ordinances and regulations of the Town of Hoosick, and Town Law § 274-a.
A. 
The purposes of these regulations are to promote the health, safety, and general welfare of the citizens of the Town of Hoosick; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping; and to protect and preserve the scenic beauty, aesthetic character, natural features and property values of the Town of Hoosick.
B. 
These regulations are intended to be consistent with the Telecommunications Act of 1996[1] in that:
(1) 
The regulations do not prohibit or have the effect of prohibiting the provision of personal wireless services;
(2) 
The regulations are not intended to be used to unreasonably discriminate among providers of functionally equivalent services;
(3) 
The regulations do not seek to regulate personal wireless telecommunications services on the basis of the environmental effects of radio-frequency emissions to the extent that the regulated services and facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
100% CLEAR ZONE
The area where, in the event of a telecommunications tower failure, the entire height of the tower would fall completely within the boundaries of the property in which it is located.
ACCESSORY FACILITY
An accessory facility or structure serving or being used as part of a personal wireless telecommunications service facility and located on the same lot. Examples of an accessory facility are utility or transmission equipment storage sheds or cabinets.
AMATEUR HAM RADIO FACILITY
A facility in an amateur radio service consisting of the apparatus necessary for carrying on radio communications.
AMATEUR HAM RADIO OPERATOR
A person interested in radio technique solely with a personal aim and without pecuniary interest, holding a written authorization from the Federal Communications Commission to be the control operator of an amateur ham radio facility.
AMATEUR HAM RADIO SERVICES
Radio communication service for the purpose of self-training, intercommunication, and technical investigations carried out by amateur ham radio operators.
FALL-DOWN ZONE
The radius around a telecommunications tower within which all portions of the tower and antenna would fall in the event of a structural failure of the tower.
MAJOR PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
Any personal wireless telecommunications service facility that is not a minor personal wireless telecommunications service facility and/or requires the erection of a new telecommunications tower; proposed to be used for the provision of personal wireless telecommunications services.
MINOR PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
Any personal wireless telecommunications service facility installed on, in, or to an existing building or other existing structure, including, but not limited to, an existing telecommunications tower, pole, other utility tower or pole, smokestack, steeple, water tank, silo, billboard or other signage or streetlight, comprised solely of antennas and ancillary and accessory telecommunications equipment which do not, individually or in the aggregate, extend farther than 20 feet above the highest point of the existing building or structure on which the personal wireless telecommunications service facility is installed.
PERSON
Any individual, corporation, limited liability company, joint venture, public benefit corporation, partnership, limited liability partnership, association, trust or estate, and any other entity, public or private, however organized.
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY
Any facility or equipment (including repeaters) used in connection with the provision of personal wireless services, including, but not limited to, antenna(s), ancillary and accessory telecommunications equipment, telecommunications towers and access.
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICES
The provision of personal wireless services, including, but not limited to, the provision of commercial mobile radio services such as cellular service, personal communications service (PCS) and specialized mobile radio services; unlicensed wireless services; and common-carrier exchange access services, which services are regulated by the Federal Communications Commission in accordance with Section 704 of the Telecommunications Act of 1996.
TELECOMMUNICATIONS ANTENNA
An antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). Design examples of telecommunications antennas are:
A. 
Whip;
B. 
Panel; and
C. 
Dish.
TELECOMMUNICATIONS TOWER
Any freestanding tower, lattice structure or framework, monopole, or similar structure used for the provision of personal wireless telecommunications services and designed to support personal wireless telecommunications service transmission, receiving and or relaying antennas and/or equipment.
WIRELESS TELECOMMUNICATIONS PERMIT
The official document or permit by which an applicant is authorized, permitted and allowed to site, construct and use a personal wireless telecommunications service facility.
A. 
The siting, placement, construction and modification of all personal wireless telecommunications service facilities within the boundaries of the Town of Hoosick shall be permitted only upon the issuance of a wireless telecommunications permit by the Planning Board, site plan approval by the Planning Board, and the issuance of a building permit by the Building Inspector, subject to all of the provisions of this chapter and all other applicable laws, ordinances and regulations.
B. 
All personal wireless telecommunications service facilities lawfully existing as of the effective date of this chapter shall be allowed to remain and continue in their current use.
C. 
No existing or approved personal wireless telecommunications service facility shall be hereafter used, erected, moved, reconstructed, changed, or altered except in conformity with the requirements of this chapter. This provision does not require approval for routine maintenance of personal wireless telecommunications service facilities.
D. 
No existing structure shall be modified to serve as a personal wireless telecommunications service facility except in conformity with this chapter.
At all times, minor personal wireless telecommunications services facilities shall be preferred to major personal wireless telecommunications services facilities.
A. 
An applicant proposing to construct a minor personal wireless telecommunications facility shall be required to submit:
(1) 
A completed application for a wireless telecommunications permit;
(2) 
Documentation of intent from the owner of the existing building or existing structure upon which the applicant proposes to locate to allow the shared use;
(3) 
A site plan meeting the requirements of this chapter and other applicable laws and regulations of the Town of Hoosick. Without intending to limit the foregoing, the site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any proposed methods to conceal the modification of the existing facility shall be indicated on the site plan;
(4) 
A report by a licensed professional engineer, certifying that the proposed minor personal wireless telecommunications service facility will not diminish the structural integrity and safety of the existing building or structure, and detailing what modifications to the existing building or structure or to the minor personal wireless telecommunications facility being proposed will be required in order to certify the above;
(5) 
A completed long-form EAF with visual addendum;
(6) 
A copy of its Federal Communications Commission (FCC) license;
(7) 
A certified report by a qualified RF engineer, as well as calculated data, demonstrating that all radio-frequency emissions from the minor personal wireless telecommunications service facility are in full compliance with FCC regulations in effect at the time of the application.
B. 
If an applicant proposing to construct a minor personal wireless telecommunications facility submits complete and satisfactory documentation in accordance with Subsection A, above, and if the proposed modifications to the existing building or structure are deemed insignificant by the Planning Board, and after the Board conducts a public hearing and complies with all SEQRA requirements, the Board shall grant a wireless telecommunications permit without further review under this chapter. If the Board determines that the proposed modifications are significant, it may require further review as hereinafter provided in this chapter.
A. 
The Planning Board may consider an application for a major personal wireless telecommunications facility only where it is established that for physical, technical or financial reasons, a minor personal wireless telecommunications facility is impractical or will not meet the reasonable needs of the applicant.
B. 
The Planning Board may consider an application for a major personal wireless telecommunications facility which involves the construction of a new telecommunications tower only where it is established that for physical, technical or financial reasons, a major personal wireless telecommunications facility which does not include the construction of a new telecommunications tower is impractical or will not meet the reasonable needs of the applicant.
C. 
In all cases where a new telecommunications tower is proposed to be constructed, the placement of the new tower on a site already developed with an existing telecommunications tower(s) shall be preferred.
(1) 
Applicants for a wireless telecommunications permit to site, place or construct a major personal wireless telecommunications service facility shall submit the following information to the Planning Board:
(a) 
A completed application for a wireless telecommunications permit.
(b) 
A completed long form EAF with visual addendum.
(c) 
A site plan meeting the requirements of this chapter and other applicable laws and regulations of the Town of Hoosick, prepared to scale and in sufficient detail and accuracy showing, at the minimum:
[1] 
The exact location of the proposed major personal wireless telecommunications service facility;
[2] 
If a new telecommunications tower is proposed, the location of guy wires and guy anchors, if applicable, and the maximum height of the tower;
[3] 
Preliminary construction drawings or sketches sufficient to allow the Planning Board to identify the type of construction proposed;
[4] 
The color or colors of any proposed telecommunications tower or antenna(s);
[5] 
The location, type and intensity of any proposed lighting on any proposed telecommunications tower;
[6] 
Surveyed boundaries of the leased or owned property upon which the proposed facility is to be located;
[7] 
Proof of the landowner's consent if the applicant will not own the property upon which the facility is located, together with a copy of any lease or other agreement;
[8] 
The location of all other structures within the 100% clear zone, together with the distance to those structures;
[9] 
The names and mailing addresses of all landowners who own land adjacent to the property upon which the facility will be placed, as well as those nonadjacent landowners who own land within the 100% clear zone;
[10] 
The location, nature and extent of any proposed landscaping, screening and buffering;
[11] 
The location of any proposed utility easements and access roads; and
[12] 
Building elevation of any accessory buildings or structures.
(d) 
A preliminary report prepared by a licensed professional engineer, describing:
[1] 
In substantial detail, the precise reasons why a minor personal wireless telecommunications service facility is not practical or will not meet the reasonable needs of the applicant;
[2] 
The applicant's full map and grid coverage in the Town;
[3] 
Surrounding topography and relation to line-of-sight transmission;
[4] 
Available road access, electric power and land-based telephone lines, and/or microwave link capability;
[5] 
Required improvements or construction activities, including those within the public right-of-way or lands owned or controlled by the Town of Hoosick;
[6] 
Identity of the location, ownership and usage of currently existing personal wireless telecommunications service facilities within the Town of Hoosick;
[7] 
Plans for construction of telecommunications accessory equipment buildings or structures, and a landscaping plan;
[8] 
Proposed mitigation measures for visual impacts;
[9] 
Proposed safety measures;
[10] 
Compatibility with existing telecommunications networks, public safety and emergency networks, fire, police, ambulance, and 911.
(e) 
In the case where a new telecommunications tower is proposed, additional detailed information shall be provided, describing the tower height and design, including a cross section of the structure; the tower's compliance with applicable structural standards; the tower's capacity, including the number and type of telecommunications antennas it can accommodate and the basis of calculation of capacity; and detailed justification for the proposed height of the tower.
(f) 
In the case where a new telecommunications antenna is proposed to be mounted to an existing structure, additional information shall be provided, indicating the existing structure's suitability to accept the telecommunications antenna; the proposed method of affixing the telecommunications antenna to the structure; complete details of all fixtures and couplings; and the precise point of attachment shall be indicated.
(g) 
Before-and-after propagation studies prepared by a qualified radio-frequency engineer, demonstrating the applicant's existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed facility.
(h) 
A search ring prepared by a qualified radio-frequency engineer and overlaid on an appropriate background map demonstrating the area within which the proposed facility needs to be located in order to provide proper signal strength and coverage to the target area.
(i) 
Demonstration of the need for the proposed facility, showing the impracticality of utilizing a minor personal wireless telecommunications service facility.
(j) 
Demonstration that the proposed site is the most appropriate site for the proposed facility. In cases where a new telecommunications tower is proposed on a site not previously developed with an existing telecommunications tower, the applicant shall further demonstrate that siting the new tower on a site previously developed with an existing telecommunications tower is impractical or will not meet the applicant's reasonable needs.
(k) 
Inventory of existing personal wireless telecommunications service facilities within the Town, outlining opportunities for shared use as an alternative to the proposed major personal wireless telecommunications service facility. The applicant must demonstrate that its needs cannot reasonably be met by way of a minor personal wireless telecommunications service facility as an alternative to the proposed facility.
(l) 
A line of sight or visual impact assessment as follows:
[1] 
A zone of visibility map shall be provided in order to determine locations from which the proposed facility may be seen;
[2] 
Drawings, photographs or computer-generated graphic representations of the views from 1,000 feet away from the north, south, east and west and all natural and man-made features and structures within those views, including the proposed facility;
[3] 
Pictorial representations of before-and-after views from key viewpoints both inside and outside the Town, including, but not limited to, state highways or other major roads, state and local parks, other public land, preserves and historic sites, and from any other location where the proposed facility is visible to a large number of visitors, travelers or tourists.
[4] 
An analysis prepared and sealed by a licensed professional engineer, architect, or landscape architect detailing the potential visual and aesthetic impacts the proposed facility is likely to have on the surrounding community, scenic vistas and viewsheds, and the use and enjoyment of public and private property.
[5] 
Assessment of alternative tower designs and color schemes.
(m) 
Identification of the effects siting and operation of the proposed facility will have on existing personal wireless telecommunications service facilities, other communications equipment or electromagnetic devices within 1,000 feet of the proposed facility.
(n) 
Description of the applicant's long-range plans which project market demand and long-range expansion needs within the Town.
(o) 
A certified report from a qualified RF engineer, as well as calculated data, demonstrating that all radio-frequency emissions from the facility will be in compliance with FCC regulations in effect at the time of the application.
(p) 
Such other additional information, studies, identification and analysis of alternative sites, and assessments as may be required by the Planning Board or its consultants to fully review and evaluate the potential impact and location of the proposed facility.
The Planning Board shall apply the specific standards hereinafter set forth in its consideration of any application for a wireless telecommunications permit for a personal wireless telecommunications service facility, such standards to be considered supplemental and in addition to any other standards contained in the laws, ordinances and regulations of the Town of Hoosick:
A. 
Minimum lot area. The minimum lot area upon which a major personal wireless telecommunications service facility involving a new telecommunications tower may be located is 150,000 square feet. Notwithstanding the foregoing, depending upon the configuration of the proposed site and its relationship to neighboring properties, a site in excess of the minimum lot area may be required to ensure the protection of the public health, safety and welfare through both substantial setback from neighboring properties, with special consideration given to properties on which preexisting residential dwellings are located, and proper visual screening of the proposed facility from those properties.
B. 
Minimum setbacks.
(1) 
The minimum setback of a telecommunications tower shall be a distance equal to the height of the proposed tower, plus 30 feet, from any adjoining property line. Setbacks shall apply to all tower parts, including guy wires, guy anchors and any accessory facilities.
(2) 
The foregoing notwithstanding, the minimum distance of any telecommunications tower, including guy wires and anchors, from any single-family or two-family dwelling as measured from the nearest point to nearest point shall be 750 feet.
C. 
Maximum height. No personal wireless telecommunications service facility shall exceed 150 feet in height. Notwithstanding the foregoing, all personal wireless telecommunications facilities shall be designed at the minimum height necessary to achieve the communication need and function they are intended to fulfill.
D. 
Personal wireless telecommunications service facilities shall be located on a single lot.
E. 
Any new telecommunications tower must be designed so as to be structurally capable of reasonably accommodating future shared use.
The following site requirements shall be applied by the Planning Board in its consideration of any application for the issuance of a wireless telecommunications permit for a personal wireless telecommunications service facility and in its consideration of any application for site plan approval for a personal wireless telecommunications service facility.
A. 
Minimal visual impacts. Personal wireless telecommunications service facilities shall be designed and sited so as to have the least possible practical visual impact on the environment. Accessory buildings or other structures shall employ building materials, colors, and textures that are both durable and selected to blend with the natural surroundings. Scenic vistas should not be impacted.
B. 
Lighting. Telecommunications towers shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
C. 
Materials and paint. Telecommunications towers and telecommunications antennas shall be of a galvanized finish or painted gray above the surrounding treeline, and painted gray, green, black or similar colors designed to blend into the natural surroundings below the tree line, unless otherwise required by Federal Aviation Administration standards.
D. 
Signs. No telecommunications tower or telecommunications antenna shall support any advertising messages or other commercial signs. Non-ionizing warning signs and other signs necessary to meet the requirements of the applicant's FCC license to operate shall be permitted.
E. 
Screening.
(1) 
Existing on-site vegetation shall be preserved to the maximum extent practicable to both mitigate the visual impact of the personal wireless telecommunications service facility and to maintain the stability of soils within the site. Where a personal wireless telecommunications service facility abuts a residential or public property, the following vegetative screening will be required: one row of native evergreen shrubs or trees capable of forming a continuous hedge at least five feet in height within two years of planting shall be provided to effectively screen the telecommunications tower base and any accessory buildings or structures. Additional vegetative screening may be required by the Planning Board when necessary to screen portions of the personal wireless telecommunications service facility from nearby residential property or important views.
(2) 
In addition to vegetative screening, the use of creative architectural design methods and measures to camouflage facilities by integrating them with existing structures and among other existing uses is preferred.
F. 
Telecommunications accessory structures. Telecommunications support facilities such as vaults and equipment rooms, utilities, and other support structures, should be screened, placed underground, depressed, earth-bermed or sited below the ridgeline to the greatest extent feasible, particularly in areas of high visibility.
G. 
Telecommunications antennas. Due to their high visibility, dish and parabolic telecommunications antennas should be located at as low an elevation as possible without compromising the function of the device, preferably on the sides of buildings or ground-mounted on slopes below the ridgeline wherever possible, rather than elevated on telecommunications towers. Microwave and satellite dishes should be of mesh construction wherever possible.
H. 
Utility service. Electrical and land-based telephone and/or microwave utilities extended to serve personal wireless telecommunications service facilities shall be undergrounded.
I. 
Safe zone. Telecommunications towers should be designed so that in the event of failure they will fall within the setback area of the site and/or away from adjacent development.
J. 
Security. Each personal wireless telecommunications service facility should have a security program, including physical features such as fencing, anticlimbing devices or elevating ladders on the telecommunications tower, and/or monitoring, either by staff or electronic devices, to prevent unauthorized access or vandalism. The fencing shall be, at minimum, eight feet in height, with locking gates, and shall be installed to fully surround the base of the telecommunications tower, including all of its components, and any accessory buildings or other improvements of the facility.
K. 
Access and parking.
(1) 
Adequate access to, and parking at, the personal wireless telecommunications service facility site shall be provided for both service and emergency vehicles, with maximum use made of existing roadways, either public or private. Any access road to a personal wireless telecommunications service facility site shall be improved and maintained at no less than the design standards for private roadways prevailing in the Town of Hoosick. Moreover, to the extent practicable, any roadway construction required to access a personal wireless telecommunications service facility shall be carried out in a manner that minimizes ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follows natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(2) 
As a condition of the wireless telecommunications permit and for maintaining a certificate of occupancy or certificate of compliance, once issued, any such access roadway shall be maintained throughout the useful life of the personal wireless telecommunications service facility in a workmanlike manner, including the plowing of snow, periodic trimming of vegetation that may obstruct the cartway, and undertaking of repairs in a timely manner to address any roadway defects, drainage problems, erosion conditions or other circumstances that may develop, so as to ensure the roadway is at all times in a safe and passable condition for both service and emergency vehicles.
L. 
Noise. Noise-producing equipment should be sited and/or insulated to minimize noise impacts on adjacent and nearby properties.
The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Planning Board, in the context of any application for a major personal wireless telecommunications service facility which involves the construction of a new telecommunications tower, a letter of intent committing the owner of the proposed new telecommunications tower, and any successor in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. The letter shall be filed with the Building Inspector prior to the issuance of a building permit for the new telecommunications tower. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the wireless telecommunications permit. The letter shall commit the new telecommunications tower owner, or any successor in interest, to:
A. 
Respond within 90 days to a request for information from a potential shared-use applicant;
B. 
Negotiate in good faith concerning future requests for shared use of the new telecommunications tower by other telecommunications providers;
C. 
Allow shared use of the new telecommunications tower if another telecommunications provider agrees, in writing, to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
A post-installation field report identifying the facility's coverage area, the telecommunications tower's maximum capacity and unused capacity, if any, and co-located users of the facility, shall be submitted to the Planning Board within 60 days of the issuance of a certificate of occupancy or certificate of compliance.
All personal wireless telecommunications service facilities, and all parts and components thereof, and any accessory buildings or other structures appurtenant thereto shall be dismantled and removed from the site when they have been inoperative or abandoned for a period of 18 consecutive months. Intention on the part of any person to resume the use or operation of the facility at some future time shall not provide an exemption from this requirement.
A. 
Upon submission of an application for the issuance of a wireless telecommunications permit, or for site plan approval, for a personal wireless telecommunications service facility, the Planning Board shall retain an independent consultant, at a reasonable rate to be paid by the applicant, to assist the reviewing board in the technical review of the application. The consultant shall be a qualified professional in the field of telecommunications engineering, structural engineering, landscape architecture, or other relevant field deemed appropriate by the reviewing board. The consultant may reasonably engage the services of other professionals, at reasonable rates to be paid by the applicant, to assist in the review of aspects of the application in which it has no expertise.
B. 
An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application. The initial deposit shall, in the case of an application for a major personal wireless telecommunications service facility, be $5,000 and in the case of an application for a minor personal wireless telecommunications service facility shall be $2,500. These funds shall accompany the filing of the application, and the Town will maintain a separate escrow account for all such funds. The Town's consultants/experts shall bill or invoice the Town no less frequently than monthly for their services in reviewing the application and performing their duties. If at any time during the review process this escrow account has a balance less than $1,500, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $1,500. Such additional escrow funds must be deposited with the Town before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Town is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the applicant.
C. 
The total amount of the funds required to be escrowed for the payment of review fees may vary with the scope and complexity of the project, the completeness of the application, and other information as may be needed by the Board or its consultants/experts to complete the necessary review and analysis. Additional escrow funds, as required and requested by the Town, shall be promptly paid by the applicant.
In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, and to assist in the continued development of County E-911 services, the Planning Board shall require that:
A. 
An applicant whose application entails a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders the Town of Hoosick, the Rensselaer County Bureau of Economic Development and Planning, and the Director of the Rensselaer County Bureau of Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the proposed telecommunications tower and its capacity for future shared use. The applicant shall provide proof of compliance with this provision to the Planning Board at the time of the submission of the application.
A. 
Prior to the approval of any application for a wireless telecommunications permit, a public hearing shall be held by the Planning Board, notice of which shall be published at least once in the Town's official newspaper, no less than 10 calendar days prior to the scheduled public hearing.
B. 
The applicant shall be required to mail notice of the public hearing on any application for the issuance of a wireless telecommunications permit for a personal wireless telecommunications service facility directly to all landowners whose property is located within 1,500 feet of the property line of the parcel on which the personal wireless telecommunications service facility is proposed. Notice shall also be mailed by the applicant to the administrator of any state, federal or municipal parklands, or any building or structure having historical significance, from which the proposed personal wireless telecommunications service facility would be visible. Notification, in all cases, shall be made by certified mail, return receipt requested. Documentation of such notification shall be submitted to the Planning Board prior to the public hearing.
A. 
All major personal wireless telecommunications service facilities which include a telecommunications tower shall be inspected annually by a licensed professional engineer and a copy of the certified inspection report filed with the Town Building Inspector. The said certified inspection report shall be filed within 60 days of the first and each succeeding anniversary of the issuance of the original certificate of occupancy or certificate of compliance authorizing the use of the facility.
B. 
All major personal wireless telecommunications service facilities which do not include a telecommunications tower and all minor personal wireless telecommunications service facilities shall be inspected biannually by a licensed professional engineer and a copy of the certified inspection report filed with the Town Building Inspector. The said certified inspection report shall be filed within 60 days of the first and each succeeding biannual anniversary of the issuance of the original certificate of occupancy or certificate of compliance authorizing the use of the facility.
Adequate and sufficient liability insurance shall be maintained during the construction period and throughout the life of any personal wireless telecommunications service facility erected within the Town of Hoosick. The minimum acceptable amount of liability insurance shall be established by the Planning Board in its review of the application for a wireless telecommunications permit. Prior to the issuance of the wireless telecommunications permit, documentation that such liability insurance has been secured shall be submitted to the Town in the form of a certificate of insurance naming the Town of Hoosick, its boards, agents, servants and employees as additional insureds, and in at least the minimum amount specified by the Planning Board. Maintenance without interruption of liability insurance in like or greater amount and with the Town named as an additional insured shall be required as a continuing condition of the wireless telecommunications permit and related certificate of occupancy and/or certificate of compliance.
It shall be the continuing responsibility of any person owning or operating a personal wireless telecommunications service facility within the Town of Hoosick, and a condition of any wireless telecommunications permit granted in connection therewith, to comply with any and all new or superseding regulations pertaining to radio-frequency emissions that may be adopted by either the FCC or other federal regulatory agency. A copy of each report filed with the FCC or any other federal regulatory agency in connection with the personal wireless telecommunications service facility pertaining to radio-frequency emissions shall be simultaneously filed with the Town Building Inspector. This requirement shall apply for the life of the facility.
A. 
The Planning Board may grant the wireless telecommunications permit, deny the wireless telecommunications permit or grant the wireless telecommunications permit with written stated conditions.
B. 
Without intending to limit the foregoing, the Planning Board is specifically authorized to require, as a condition of the granting of a wireless telecommunications permit for a personal wireless telecommunications facility, that the facility be designed and built to blend into the surrounding area, including, but not limited to, facilities commonly referred to as "stealth installations." Examples of such facilities are telecommunications towers and/or telecommunications antennas designed to resemble trees and silos.
C. 
Denial of the wireless telecommunications permit shall be by written decision based upon substantial evidence submitted to the Board.
A. 
No wireless telecommunications permit issued pursuant to this chapter may be assigned, transferred or conveyed without the express written permission of the Planning Board, such consent not to be unreasonably withheld or delayed by the Board.
B. 
A wireless telecommunications permit issued pursuant to this chapter may, following a hearing upon due prior notice to the holder thereof and to the owner of the permitted facility, be revoked, canceled, annulled and terminated upon a finding that the terms and conditions of the permit or this chapter have been materially violated. Any decision of the Planning Board to revoke a wireless telecommunications permit shall be in writing and shall state the reasons therefor and the substantial evidence supporting said action.
The holder of a wireless telecommunications permit issued under this chapter, and the owner of the wireless telecommunications permit permitted thereby, shall, as a condition thereof, at their cost and expense, be jointly required to execute and file with the Town a bond, or other form of security acceptable to the Town as to type of security and the form and manner of execution, in an amount of at least $75,000 and with such sureties as are deemed sufficient by the Planning Board to assure the faithful performance of the terms and conditions of this chapter and the conditions of any wireless telecommunications permit issued pursuant to this chapter. The full amount of the bond or security shall remain in full force and effect throughout the term of the wireless telecommunications permit and/or until the removal of the personal wireless telecommunications service facility, and any necessary site restoration is completed. The failure to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the wireless telecommunications permit and shall be grounds for revocation of the wireless telecommunications permit by the Planning Board.
A. 
If a personal wireless telecommunications service facility is repaired, rebuilt, placed, constructed, moved, relocated, modified or maintained in a way that is inconsistent with the terms of this chapter or the terms of the wireless telecommunications permit, or in the event that any term or provision of this chapter is violated in any way, the Planning Board shall notify the holder of the permit and the owner of the personal wireless telecommunications service facility, in writing, of such violation. Such written notice shall specify the nature of the violation or noncompliance and shall state that the violations must be corrected within a reasonable period of time, to be fixed by the Board, but shall, in no event, be less that 20 days, unless the violation causes or creates an serious and imminent danger to life or property. Said notice shall prominently state that unless the facility is brought into compliance on or before the specified date, the permit will be revoked, and that the holder of the permit and the owner are entitled to a hearing upon written demand interposed prior to the expiration of the period fixed to cure the defects, prior to the revocation of the permit. Said notice shall be served by certified mail to the last known addresses of said permit holder and owner.
B. 
In the event the permit holder and the owner should fail to bring the affected facility into full compliance with this chapter and the terms and condition of the wireless telecommunications permit within the time limit therefor, the Planning Board may revoke said permit; provided, however, that the permit may not be revoked until any hearing demanded in accordance with Subsection A, above, has been conducted. Any decision of the Planning Board to revoke a wireless telecommunications permit shall be in writing and shall state the reasons therefor and the substantial evidence supporting said action.
C. 
Upon notification that the permit has been revoked, the holder and owner, as aforesaid, shall cease and terminate the operation of the facility forthwith, and initiate the dismantling and removal thereof.
The following are exempted from the requirements of this article:
A. 
Fire, police and other emergency dispatch services where the telecommunications facilities are less than 60 feet above the ground, or are less than 30 feet above the average roofline, if originating from the roof of the building;
B. 
Nonbusiness television or radio reception, private citizens band, amateur ham radio services and facilities, and other similar communications system utilizing a tower and antenna, which do not exceed 60 feet above the ground, or which do not exceed 30 feet above the average roofline, if originating on the roof. For the purposes of this provision, "nonbusiness" shall mean a use for which money, property or something of value is not charged, earned or received by the owner, operator, lessee of person(s) in control of the facility.
A. 
Based upon a consideration of the following factors, an application for a wireless telecommunications permit filed by an amateur ham radio operator in connection with an amateur ham radio station may be exempted by the Planning Board from certain provisions/requirements of this chapter, as set forth in Subsection B below, but only in the case of towers and antennas 100 feet or less in height and 18 inches or less in diameter:
(1) 
The topography of the lot and terrain of the surrounding area as the same relates to the effectiveness and range of the communications;
(2) 
The nature and extent of the license issued to the amateur ham radio operator;
(3) 
The nature and extent of the amateur ham radio service sought by the amateur ham radio operator; i.e., local, national, international, amateur ham radio service, amateur ham radio satellite service, or amateur ham radio civil emergency service;
(4) 
The amateur ham radio operator's participation in Department of Defense or other emergency relief organizations;
(5) 
The hours of operation proposed by the amateur ham radio operator;
(6) 
Whether the antenna proposed is retractable, motorized or fixed;
(7) 
Whether an alternative tower/antenna configuration or installation can meet the amateur ham radio operator's documented objectives;
(8) 
Existing and proposed mitigating landscaping or other buffer material between the tower/antenna installation and adjacent properties;
(9) 
Such other factors as the Planning Board may deem relevant consistent with the community's aesthetic and safety objectives and the Federal Communication Commission's objective of permitting amateur ham radio services.
B. 
Some or all of the following provisions requirements of this chapter may be waived by the Planning Board upon consideration of the foregoing criteria:
(2) 
Section 354-5A(3), except for the first sentence;
(5) 
Section 354-6C(1)(e), (f), (g), (h), (i), (j), (k), (m), (n) and (p);
(7) 
Section 354-7A, except for the first sentence;
(9) 
Section 354-7E;
(10) 
Section 354-8E, except for the first sentence;
(11) 
Section 354-8F, G, H, J, K, and L;
(12) 
Section 354-9;
(13) 
Section 354-10;
(14) 
Section 354-12;
(15) 
Section 354-13;
(16) 
Section 354-14B;
(17) 
Section 354-15;
(18) 
Section 354-16;
(19) 
Section 354-20;
(20) 
Section 354-24.
C. 
Upon submission of an application for the issuance of a wireless telecommunications permit involving an amateur ham radio station, the Planning Board may, in its discretion, retain an independent consultant, at a reasonable rate to be paid by the applicant, to assist the reviewing Board in the technical review of the application. The consultant shall be a qualified professional in the field of telecommunications engineering, structural engineering, landscape architecture, or other relevant field deemed appropriate by the reviewing Board. The consultant may reasonably engage the services of other professionals, at reasonable rates to be paid by the applicant, to assist in the review of aspects of the application in which it has no expertise.
A. 
The application fee for a wireless telecommunications permit for a minor personal wireless telecommunications service facility shall be $750.
B. 
The application fee for a wireless telecommunications permit for a major personal wireless telecommunications service facility which does not include a new telecommunications tower shall be $1,000.
C. 
The application fee for a wireless telecommunications permit for a major personal wireless telecommunications service facility which includes a new telecommunications tower shall be $1,750.
A. 
Notwithstanding any other provision of this chapter, a violation of this chapter or of the terms and conditions of any wireless telecommunications permit issued pursuant to this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to 15 days, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or the terms of any wireless telecommunications permit issued hereunder 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.
B. 
Notwithstanding anything to the contrary in this chapter, the holder of the wireless telecommunications permit or the owner of the personal wireless telecommunications service facility may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this chapter, or any section of this chapter, or any term or condition of the permit. An attempt to do so shall subject the holder of the permit to termination and revocation of the same. The Town may also seek injunctive relief to prevent the continued violation of this chapter, without limiting other remedies available to the Town.
A. 
Should any person affected by this chapter suffer an unnecessary hardship in the way of carrying out the strict letter of this chapter, then said person may apply to the Town Board, in writing, for a variation from strict compliance with this chapter upon submission of proof of such unnecessary hardship, together with a finding that the variance will not be detrimental to the health, safety and general welfare of the Town.
B. 
Upon submission of a written application to the Town Clerk by the person seeking a variation of this chapter, the Town Board shall within 20 days of receipt of said application schedule a public hearing on said application, upon five days' written notice, in the official newspaper of the Town. At said public hearing, the affected party and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall within 15 days of the close of said public hearing render its decision, either granting or denying the application for a variation from the strict requirements of this chapter. If the Town Board determines that the affected person will suffer an unnecessary hardship if this chapter is strictly applied to a particular property, then the Town Board shall vary the application of this chapter to the minimum extent necessary to provide the affected person relief from strict compliance with this chapter.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall supersede any inconsistent provisions of any local law or ordinance of the Town of Hoosick adopted prior hereto, and Article 16 of the Town Law, to the extent of the conflict.