(A)
Municipal Facilities and Municipal Property. Applications for a license agreement to erect, install, attach, deploy, operate, maintain, alter, or Modify Wireless Telecommunications Facilities in, over or upon Municipal Facilities and Municipal Property shall be determined solely by the Town Board or Board of Trustees, as owner thereof, who shall exercise the same authority in reviewing the Application as the Zoning Board of Appeals in Article VI in all respects and without limitation. No site plan approval by the Planning Board shall be required; however, a site plan pre-application shall be completed before building permits will be issued.
(B)
Public Right-of-Ways.
(1)
Applicants for a license agreement to use the Public Right-of-Ways which also include a request for permission to (a) attach, install, alter, or maintain Wireless Telecommunication Facilities along the Public Right-of-Ways on specific poles, streetlights, stanchions and other similar structures owned by the Town, utility companies or other entities; or (b) to install utility poles, boxes, cabinets, equipment or other structures on or partially below ground level at specific locations along the Public Right-of-Ways, whether or not the structures are part of a Wireless Telecommunications franchise, shall file an Application with the Town Board or Board of Trustees, as the case may be, for a license agreement along with an Application for site plan pre-application approval before the Planning Board who shall have jurisdiction to review and approve, on a site-specific basis, proposed installations of all kinds along the Public Rights-of-Ways. New Towers in the public rights-of-way shall not be permitted. The Planning Board shall determine whether federal and state standards, and the requirements of the Town Code are met for the specific equipment and locations requested by the Applicant, and may grant or deny, in whole or in part, with or without conditions, attachments or installations at such locations it deems advisable during site plan pre-application review in accordance with state and federal law.
(2)
Subsequent Applications to locate or install additional equipment or structures, or to Modify existing installations along the Public Right-of-Ways as described herein once a license agreement is in place shall continue to be determined by the Planning Board on a case specific basis during expedited site plan pre-application review. The Planning Board may grant or deny an Application, in whole or in part, with or without conditions, as it deems advisable upon site plan pre-application review in accordance with state and federal law.
(C)
Any Person who fails and/or neglects to file an Application for a license agreement, or for site plan pre-application approval, and secure all other necessary approvals and permits before the commencement of work shall be deemed to be in violation of this Chapter and shall be subject to the fines and penalties set forth herein.