This chapter shall hereafter be known as "L.L. No. 7-1997, entitled the Town of Marilla Telecommunications Facilities Law."
This chapter is adopted pursuant to the authority delegated to the Town of Marilla under the Telecommunications Act of 1996, Municipal Home Rule Law and Article 16 of the Town Law of the State of New York and empowered under § 276 of the Town Law to promote good planning practice.
A. 
The provisions of this chapter shall be applicable in the Town of Marilla.
B. 
This chapter shall become effective upon filing with the office of the Secretary of State.
C. 
When necessary to further its purposes, this chapter shall be amended in accordance with the Telecommunications Act, Municipal Home Rule Law and the Town Law.
D. 
All new towers constructed after the effective date of this provision shall be required to allow municipal services, including highway, police, fire and EMS to collocate on the tower at no cost to such provider of municipal services for such collocation. Such municipal service provider that collocates on such tower shall, however, be required to pay for the actual cost of installation and operation of its facilities on the tower.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be the duty of the Town Code Enforcement Officer to enforce the provisions of this chapter.
B. 
Any person, firm, company, corporation, partnership, limited liability company or other entity that shall violate the provisions of this chapter shall be deemed to be in violation of the provisions of Article 16 of the Town Law and shall be subject to the penalties as set forth in § 268 of the Town Law, but the provisions of this section shall supersede the Town Law in that the maximum period of imprisonment hereunder shall be five months and not the six months set forth under § 268 of the Town Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
B. 
The provisions of this chapter shall supersede any prior inconsistent provisions of any local law, ordinance or resolution of the Town of Marilla. If a higher standard is imposed by any applicable law, ordinance, resolution, rule or regulation adopted by a higher level of government, the more restrictive or higher standard shall supersede these provisions. The Town reserves the right to impose additional future provisions by ordinance or resolution, which provisions may be more restrictive or impose a higher standard, which provisions shall be kept on file in the office of the Town Code Enforcement Officer of the Town of Marilla.
It is the intent of this chapter to accomplish the following:
A. 
Accommodate the need for telecommunications facilities and other similar technologies while regulating their location and number in the community.
B. 
Minimize adverse visual effects of telecommunications facilities through careful design, siting and vegetative screening.
C. 
Preserve and enhance the positive aesthetic qualities of the built and natural environment in the Town of Marilla.
D. 
Avoid potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of telecommunications facilities.
E. 
Maximize the use of any new or existing tower or existing building and/or structure to reduce the number of towers and/or similar facilities needs, while allowing wireless service providers to meet their technological and service objectives.
F. 
Protect the public health, safety and general welfare of the residents and property within the Town of Marilla.