Town of Hempstead, NY
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2023-05-09
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PART V: GARBAGE, REFUSE AND NUISANCES
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DIVISION 2: USE OF PROPERTY
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Chapter 142 Wireless Telecommunications Facilities
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Article VI Private Lands and Structures
- PART I: ADMINISTRATIVE LEGISLATION
- DIVISION 1: GENERAL ADMINISTRATIVE PROVISIONS
- Ch 1 General Provisions
- Ch 2 Enforcement of Ordinances
- Ch 3 Apprenticeship Training Programs for Town Contracts
- Ch 4 Local Laws: Adoption
- Ch 5 Access to History Records
- Ch 6 Liability of Town
- Ch 7 Elections on Propositions
- Ch 7A Reapportionment of Councilmanic Districts
- Ch 8 Tort Liability Reserve Fund
- Ch 9 Judgment Lien Protective Law
- Ch 10 Taxation: Partial Exemption of Real Property for Certain Persons With Limited Income
- Ch 10A Taxation: Partial Exemption for Members of Volunteer Fire Departments and Voluntary Ambulance Services
- Ch 10B Taxation: Veterans' Real Property Exemption
- Ch 10C Real Property Tax Relief for Cold War Veterans
- Ch 10D Superstorm Sandy Tax Relief
- Ch 11 Defense and Indemnification of Town Officers and Employees
- Ch 12 Taxation: Exemption for Improvements to Accommodate Disabled
- Ch 13 Continuity of Government
- Ch 14 Taxation: Exemption of Capital Improvements
- Ch 15 Compensation of Town Employees
- Ch 16 Councilmembers: Increase in Number
- Ch 17 Deputy Receiver of Taxes
- Ch 18 Board of Appeals
- Ch 19 Town Comptroller: Additional Powers
- Ch 20 Records Management
- Ch 21 Deputy Supervisor
- Ch 22 Waterways Improvement: Public Hearing on Benefit Assessments
- Ch 23 Community Residential Facilities
- Ch 24 Official Seal
- Ch 25 Taxation: Partial Exemption for Disabled Persons With Limited Incomes
- Ch 26 Taxation: Exemption for Gold Star Parents
- DIVISION 2: PUBLIC EMPLOYEES AND EMPLOYEE RELATIONS
- Ch 27 Empire Zones
- Ch 28 Department of Human Resources
- Ch 29 Merit Award Board
- Ch 30 Employment of Volunteer Workers
- Ch 31 Qualifications of Certain Town Officers
- Ch 32 Public Employee Relations
- Ch 33 Mass Mailing Restrictions
- Ch 34 (Reserved)
- Ch 35 Grievance Procedure for Town Employees
- Ch 36 Whistleblower Protection Act
- Ch 37 Disciplinary Hearings
- Ch 38 Ethical Standards
- Ch 39 Governmental Transparency
- Ch 40 Salaries of Town Employees: Deductions
- Ch 41 (Reserved)
- Ch 42 (Reserved)
- Ch 43 (Reserved)
- Ch 44 (Reserved)
- Ch 45 Health Insurance for Town Employees
- Ch 46 (Reserved)
- Ch 47 (Reserved)
- Ch 48 Retirement Incentive Program
- Ch 49 (Reserved)
- DIVISION 3: GOVERNMENTAL DEPARTMENTS
- Ch 50 Department of Industry and Commerce
- Ch 51 Department of Senior Enrichment
- Ch 52 Department of Buildings
- Ch 53 Department of Conservation and Waterways
- Ch 54 Department of Information and Technology
- Ch 55 Cemeteries
- Ch 56 Department of Civil Service
- Ch 57 Department of Parks and Recreation
- Ch 58 Department of Planning and Economic Development
- Ch 59 Department of Engineering
- Ch 60 Drug and Alcohol Addiction
- Ch 61 Office of Tourism
- Ch 62 Department of Purchasing
- Ch 63 Department of Public Safety
- Ch 64 Department of Occupational Resources
- Ch 65 Compliance Officer
- Ch 66 Department of General Services
- Ch 67 Highway Department
- Ch 68 Department of Sanitation
- Ch 69 Department of Water
- DIVISION 4: WATER RULES AND REGULATIONS
- Ch 70 Department of Water, Rates and Regulations
- Ch 71 (Reserved)
- Ch 72 Enforcement of Water Conservation
- Ch 73 (Reserved)
- Ch 74 Community Choice Aggregation Energy Program
- Ch 75 (Reserved)
- PART II: PUBLIC PLACES
- Ch 76 Landmarks Preservation
- Ch 77 Public Places, Regulation of
- Ch 78 Parks
- Ch 79 Protection of Housing Authority Properties
- Ch 80 Public Parking Fields
- Ch 81 (Reserved)
- Ch 82 Shopping Carts Abandoned in Public Places
- Ch 83 (Reserved)
- PART III: BUILDINGS AND STRUCTURES
- Ch 84 Master Electricians
- Ch 85 Board of Architectural Review
- Ch 86 Building Construction Administration
- Ch 87 Dwelling Access
- Ch 88 Housing and Rehabilitation Code
- Ch 89 Elevator Inspection Procedure
- Ch 90 Dangerous Buildings and Structures
- Ch 91 Public Nuisances
- Ch 92 Fallout Shelters
- Ch 93 Maximum Fines for Violations of Building Zone Ordinance
- Ch 94 Emergency Lighting and Power
- Ch 95 Maintenance of Vacant Buildings
- Ch 96 Places of Public Assembly: Licensing
- Ch 97 Public Indecency
- Ch 98 (Reserved)
- Ch 99 Registration and Permitting of Property
- Ch 100 Condominium Conversions
- Ch 101 Temporary Moratorium in the Transit-Oriented Development District for North Lawrence and Inwood
- Ch 101A Temporary Moratorium in the Neighborhood Business Overlay District for North Lawrence and Inwood
- PART IV: BUSINESS AND ENTERTAINMENT
- Ch 102 Auctions and Auctioneers
- Ch 103 Bingo
- Ch 104 Games of Chance
- Ch 105 Special Events
- Ch 106 Clothing Bins
- Ch 107 Christmas Tree Sales
- Ch 108 (Reserved)
- Ch 109 Laundromat Refunds
- Ch 110 Gasoline Emergency Abatement
- Ch 111 Junk Dealers
- Ch 112 (Reserved)
- Ch 113 Control and Regulation of Secondhand Dealers
- Ch 114 Memorial and Independence Days
- Ch 115 (Reserved)
- Ch 116 Open-Air Markets
- Ch 117 Parades
- Ch 118 Peddlers and Solicitors
- Ch 119 (Reserved)
- Ch 120 Riding Stables
- Ch 121 Smoking, Cannabis and Cbd
- Ch 122 Sunday Exhibitions
- Ch 123 (Reserved)
- Ch 124 Theaters and Theater Matrons
- Ch 125 (Reserved)
- Ch 126 (Reserved)
- Ch 127 (Reserved)
- PART V: GARBAGE, REFUSE AND NUISANCES
- DIVISION 1: GARBAGE AND RUBBISH
- Ch 128 Garbage and Rubbish
- Ch 129 Graffiti Control
- Ch 130 (Reserved)
- Ch 131 (Reserved)
- DIVISION 2: USE OF PROPERTY
- Ch 132 Flammable and Combustible Liquids
- Ch 133 Liquefied Petroleum Gases
- Ch 134 Portable Swimming Pools
- Ch 135 (Reserved)
- Ch 136 Trespassing
- Ch 137 (Reserved)
- Ch 138 Smoke
- Ch 139 (Reserved)
- Ch 140 Earth and Soil Removal
- Ch 141 (Reserved)
- Ch 142 Wireless Telecommunications Facilities
- Ch 142 Art VI Private Lands and Structures
- § 142-21 Privately owned property.
- § 142-22 Application requirements.
- § 142-23 Action on applications.
- § 142-24 Proper maintenance; compliance with law.
- Ch 143 (Reserved)
- Ch 144 Unreasonable Noise
- Ch 145 (Reserved)
- Ch 146 Hazardous Excavations
- Ch 147 (Reserved)
- Ch 148 Sandbanks, Pits and Quarries
- Ch 149 (Reserved)
- DIVISION 3: EXPLOSIVES
- Ch 150 Explosives
- Ch 151 (Reserved)
- DIVISION 4: DOGS AND CATS
- Ch 152 Animal Shelter and Control Division
- Ch 153 (Reserved)
- PART VI: CONSERVATION AND WATERWAYS
- Ch 154 Environmental Quality Review
- Ch 155 Boats and Seaplanes
- Ch 156 Houseboats and Floating Homes
- Ch 157 Clams, Oysters or Worms
- Ch 158 (Reserved)
- Ch 159 Dredging
- Ch 160 Precautions Against Oil Spills
- Ch 161 Illicit Discharges
- Ch 162 (Reserved)
- Ch 163 Marinas and Docks
- Ch 164 Public Wetlands Preservation
- Ch 165 Freshwater Wetlands
- Ch 166 Shellfish
- Ch 167 Dune Protection Zone
- Ch 168 Structures in Waterways
- Ch 169 Swimming From Town Docks
- Ch 170 Coastal Erosion Hazard Areas
- Ch 171 (Reserved)
- Ch 172 Intentional Release of Balloons
- PART VII: STREETS, VEHICLES AND TRAFFIC
- Ch 173 Abandoned Vehicles
- Ch 174 Abandonment of Vehicles During Snow Emergencies
- Ch 175 Excavations in Streets
- Ch 176 Roll-Off Containers
- Ch 177 Materials: Deposit
- Ch 178 (Reserved)
- Ch 179 Bicycle Riding on Certain Structures
- Ch 180 Play Streets
- Ch 181 Sidewalks, Roads and Streets
- Ch 182 Streets: Construction of Curb Cuts and Driveway Entrances
- Ch 183 Tow Cars
- Ch 184 Tree Preservation
- Ch 185 Taxicabs and Limousines
- Ch 186 Failure to Stop for School Buses
- Ch 187 (Reserved)
- Ch 188 (Reserved)
- Ch 189 (Reserved)
- Ch 190 Vehicle Speed Limits
- Ch 191 (Reserved)
- Ch 192 Weight Restrictions: Commercial Vehicles
- Ch 193 (Reserved)
- Ch 194 (Reserved)
- Ch 195 Pavement Markings
- Ch 196 (Reserved)
- Ch 197 Vehicular Use of Streets
- Ch 198 Tow-Away Zones
- Ch 199 Parking Fields, Private
- Ch 200 (Reserved)
- Ch 201 (Reserved)
- Ch 202 Parking
- Ch 203 (Reserved)
- Ch 204 (Reserved)
- Ch 205 (Reserved)
- Ch 206 (Reserved)
- Ch 207 (Reserved)
- APPENDIX
- Apx A221 Building Code Administration
- DISPOSITION LIST
- Ch DL Disposition List
Applications to erect, install, attach, or modify wireless telecommunications facilities on privately owned parcels and structures shall require a special use permit issued by the Board, unless exempted under § 142-3 or classified as an eligible facility or small wireless facility under Article IV of this chapter. 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 building permit and/or 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.
Except as otherwise expressly provided herein, an application to construct a wireless telecommunications facility shall comply with all requirements of Chapter 86 of the Code of the Town of Hempstead, Article VIII of this chapter and the requirements, rules and regulations of the Department of Buildings. All applications shall be filed with the Department of Buildings along with a non-refundable application fee and refundable consultant escrow deposit in accordance with § 142-25F herein.
A.
Public hearing; notice. All applications before the Board shall be
determined after a public hearing conducted in accordance with the
requirements of Articles XXVI and XXVII of the Building Zone Ordinance
and Article 16 of the Town Law of the State of New York.
B.
Applications for a special use permit issued by the Board shall run
concurrently with the Department of Buildings review of the application
and shall be administered so that determinations can be made at approximately
the same time to the extent practicable.
The application can be approved or denied, in whole or in part,
with or without conditions as deemed advisable by the Board 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.
All wireless telecommunications facilities shall be maintained
in a safe and proper manner and shall be in compliance with all conditions
of the Board's approval, building permit, 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.
