[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 8-13-1996 by L.L. No. 7-1996; amended in its entirety 3-24-1999 by L.L. No. 3-1999. Subsequent amendments noted where applicable.]
[Amended 10-18-2022 by L.L. No. 16-2022]
An Antenna Review Board is hereby created, consisting of three members appointed by the Town Board to serve staggered three-year terms to review ongoing advancements in antenna technology, monitor zoning code compliance with Federal Communications Commission rulings, offer recommendations to the Town Board regarding subsequent amendments and enforcement, offer recommendations on special permit and variance applications to the Zoning Board of Appeals or Town Board as to the siting of antenna(s) and antenna support structure(s) and the aesthetic considerations stated in § 285-37A(20) when requested by such Boards, offer recommendations to applicants on as-of-right applications as to the siting of antenna(s) and antenna support structure(s), and to act as a board to make determinations as to the completeness of antenna applications with respect to § 285-37A(16) and to act as a board with decision-making responsibilities and final review authority as to the aesthetic considerations stated in § 285-37A(20) and § 285-37A(3)(i) and visibility considerations in § 285-37A(2) on as-of-right applications. The creation of such Board shall be consistent with the following.
[Amended 10-18-2022 by L.L. No. 16-2022]
The Town Board shall appoint an Antenna Review
Board consisting of three members knowledgeable of Federal Communications
Commission rulings, communications law and Town-wide planning objectives
and shall designate the Chair thereof. When selecting candidates for
the Antenna Review Board, the Town Board shall weigh and consider
geographical representation and endeavor to ensure that membership
is representative of the larger population to the extent possible.
In the absence of a Chair, the Advisory Board may designate a member
to serve as Acting Chair. The Town Board may provide for compensation
to be paid to experts, clerks and a secretary out of antenna escrow
funds[1] and provide for such other expenses as may be necessary
and proper, not exceeding the appropriation made by the Town Board
for such purpose. In making such appointments, the Town Board may
require Antenna Review Board members to complete training and continuing
education courses to ensure competency in the subject area. A member
of the Conservation Advisory Committee, Zoning Board of Appeals or
Planning Board may serve on the Antenna Review Board; however, no
person who is a member of the Town Board shall be eligible for membership
on the Antenna Review Board. The Town Board may appoint one alternate
member to serve on the Antenna Review Board to participate in all
meetings of the Board, with voting privileges only when so designated
by the Chair when a member is unable to attend a Board meeting or
is recused on a specific application, or when a member has resigned.
[1]
Editor's Note: Section 1 of this local law provided as follows: "An escrow account is hereby established for enforcing provisions of the Zoning Code (Chapter 285) related to antenna installations, including compliance with maximum permissible exposure limits, to be funded from 10% of special permit use fees related to antenna installations and 100% of any rental fees received for antenna installations erected after the effective date of this revision on existing structures located on Town-owned property other than on those sites where such antenna are permitted as a permitted principal use. Final authority to expend antenna escrow funds shall be vested in the Town Board, who shall have sole discretion in determining when monitoring shall be conducted and may accept or reject the recommendation of the Antenna Review Board."
In the creation of the new Board the appointment
of members to the Board shall be for terms so fixed that one member's
term shall expire at the end of the calendar year in which such members
were initially appointed. The remaining members' terms shall be so
fixed that one member's term shall expire at the end of each year
thereafter. At the expiration of each original member's appointment,
the replacement member shall be appointed for a five-year term.
If a vacancy shall occur otherwise than by expiration
of term, the Town Board shall appoint the new member for the unexpired
term.
The Town Board shall have the power to remove,
after public hearing, any member of the Antenna Review Board for cause.
Any member may be removed for noncompliance with minimum requirements
relating to meeting attendance and training as established by the
Town Board by local law.
All meetings of the Antenna Review Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Meetings of the Antenna Review Board, in which the Antenna Review Board acts as a decision-making board regarding aesthetic considerations under § 285-37A(20) and § 285-37A(3)(i) and visibility considerations under § 285-37A(2), shall be held at the call of the Chairperson, duly noticed, and held in compliance with the Open Meetings Law[1] and shall comply with the time frames established in § 285-37A(1).
[1]
Editor's Note: See Public Officers Law § 101
et seq.
In addition to reviewing ongoing advancements
in antenna technology, monitoring Zoning Code compliance with Federal
Communications Commission rulings, making recommendations to the Town
Board regarding enforcement and any required amendments to the Town's
Zoning Ordinance[1] as it relates to antennas, offering recommendations on special permit and variance applications to the Zoning Board of Appeals or Town Board as to the siting of antenna(s) and antenna support structure(s), and the aesthetic considerations stated in § 285-37A(20) when requested by such Boards, offering recommendations to applicants on as-of-right applications as to the siting of antenna(s) and antenna support structure(s), acting as a Board in making determinations as to the completeness of antenna applications with respect to § 285-37A(16), and acting as a board with decision-making responsibilities on as-of-right applications as to the aesthetic considerations stated in § 285-37A(20) and § 285-37A(3)(i) and visibility considerations in § 285-37A(2), the Antenna Review Board shall publish at least once each year, in February or as soon as practicable thereafter, but prior to the Town Board's consideration of the adoption of new amendments proposed by the Antenna Review Board, a summary of the previous year's rulings and notices of proposed rule-making by the Federal Communications Commission affecting the provisions § 285-37 and a summary of all transmitting antenna(s) installed during the prior year keyed to a map of the Town illustrating their distribution.
