Applications to erect, install, attach, or Modify Wireless Telecommunications Facilities on privately-owned parcels and structures shall require a special use permit from the Zoning Board of Appeals, unless exempted under §
194-3 or classified as an Eligible Facility under §
194-2 and §
194-18. New Towers shall be subject to the provisions of Article
III of this Chapter. Any Person who fails and/or neglects to file an Application for a special use permit and secure all 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.
An original and twenty-two (22) copies of a completed Zoning Board of Appeals application complying with §
194-42 and §
198-66 of the Town Code shall be filed with the Zoning Board of Appeals clerk along with a non-refundable Application fee and refundable escrow deposit in amounts established by the Town Board. An electronic copy of all documents must also be provided or made available. The Application fee shall be tripled in all cases where installations have been made or work commenced without the necessary Town approvals or permits. The Application will follow the established procedures for special use permit review by the Zoning Board of Appeals in Article
XVI of Chapter
198 of the Town Code.
(A) Public hearing; notice. All Applications before the Zoning Board
of Appeals, unless exempted, shall be determined after a public hearing.
Applicants shall mail a notice of public hearing, postmarked no less
than ten (10) days before the hearing, to the owners and occupants
of all properties located within five hundred (500) feet of the exterior
limits of the Applicant's total property holdings which are the subject
of the Application, as shown on the current tax roll, with the exception
of Applications for placement in the R-15, R-10, R-7 and R-5 zoning
districts, where notification to adjoining property owners and occupants
shall be to those within two hundred (200) feet of the exterior limits
of the Applicant's total property holdings, as shown on the current
tax roll. Notice of the public hearing shall be published by the Zoning
Board of Appeals at least ten (10) days before the hearing in the
official newspaper(s) of the Town.
(B) Proof of mailing. The Applicant shall provide a certificate of mailing
certified by the United States Postal Service for each recipient,
which legibly indicates the name and address of the property owner
and occupant to which notice was mailed. The certificate of mailing
shall be filed by Applicants with the Zoning Board of Appeals clerk
no less than five (5) business days before the hearing. Failure to
mail notice of the public hearing or file the certificate of mailing
within the required period shall result in postponement of the public
hearing at the Applicant's cost and expense which shall include the
cost of republishing the notice of hearing.
(C) Signage. The Applicant or authorized agent shall also post a sign on each frontage of the subject property giving notice that an Application is pending before the Zoning Board of Appeals, and the nature of the Application as well as the date, time and place at which the hearing will be held. The specific location, size of the sign, and length of time the sign is displayed, together with a filing by the Applicant of proof of such posting shall be as set forth in §
198-112(F) of the Town Code.
The Application can be approved or denied, in whole or in part,
with or without conditions as deemed advisable by the Zoning Board
of Board Appeals in accordance with state and federal law. The Board
shall have all of the powers vested in it by law. Any Person who fails
and/or neglects to comply with the conditions of approval shall be
deemed to be in violation of this Chapter and shall be subject to
the fines and penalties set forth herein.
Subject to the provisions of this Chapter, all Wireless Telecommunications
Facilities approved for installation are subject to the filing of
Applications for and issuance of site plan approval, building permits,
and certificates of occupancy and/or other necessary approvals for
each node, Antenna, piece of equipment or structure to be installed.
The Applicant shall pay all required fees and charges for such approvals
as established by the Town Board. Any Person who fails and/or neglects
to file an Application 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.
All Wireless Telecommunications Facilities shall be maintained
in a safe and proper manner, and shall be in compliance with all conditions
of the Zoning Board of Appeals approval, building permit, site plan
approval, as well as with all applicable Town, State and Federal laws,
rules and regulations, without exception. Any Person who commits an
offense against the provisions of this section shall be deemed to
be in violation of this Chapter and shall be subject to the fines
and penalties set forth herein. Any failure of the Town to enforce
compliance with such approval or any applicable law, rule or regulation
shall not relieve the Applicant of its obligations under the code,
any permit or approval issued, or other applicable law.