A. 
New telecommunications facilities shall be sited on existing telecommunications facilities or in areas already in use for telecommunications and/or utility distribution lines in order to preserve the aesthetic and scenic value of the Town unless the applicant demonstrates collocation is not feasible.
B. 
All new towers shall be structurally designed to accommodate at least two additional telecommunications carriers for collocation to minimize the number of towers within the Town of Marilla.
C. 
The Town may express a preference that the proposed telecommunications facility and/or similar facility or technology shall be located in an alternate technologically feasible and available location. A guideline for the Town's preference from most favorable to least favorable districts/property is as follows:
(1) 
Property with an existing structure suitable for collocation;
(2) 
Property owned by the Town of Marilla;
(3) 
Property owned by any other municipal or government-owned property;
(4) 
Agricultural districts;
(5) 
Other nonresidential districts; and finally
(6) 
Residential districts and historic districts and important preservation/conservation areas, including parks and recreational sites owned by private homeowners and municipalities. The maximum height of a tower in these zoning districts is 50 feet. An area variance for height will be required from the Zoning Board of Appeals to exceed this height, following initial review by the Planning Board. Final approval is required by the Town Board.
D. 
The minimum setback from all property lines for a telecommunications facility shall be 250 feet or 1.5 times the height of the tallest structure, whichever is greater.
E. 
No habitable structures shall be permitted within the minimum setback established in Subsection D above.
F. 
No telecommunications towers shall be permitted within 1,000 feet of any school, Town park or church. This shall in no way limit the development of schools, Town parks or churches within 1,000 feet of a telecommunications tower nor shall this render the existing telecommunications tower nonconforming.
G. 
All telecommunications facilities shall be totally enclosed with an eight-foot-high chain link fence, with barbed wire on the top and a locking gate.
H. 
All access drives shall be equipped with a locked gate at the access route right-of-way.
I. 
A landscaping plan and plantings shall be designed incorporating shrubs planted on three-foot centers and/or eight-foot-high coniferous trees planted on ten-foot centers on all sides to obscure the base of the tower and ground equipment. These landscape plan requirements shall be reviewed and/or revised by the Planning Board depending upon site specifics.
J. 
There shall be no permanent climbing pegs within 30 feet of the ground on any tower.
K. 
In the interest of public safety (mercy flights in particular), towers exceeding 100 feet in height shall have red warning lights meeting FAA standards.
L. 
No tower shall contain any signs or advertising devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies.
M. 
The applicant shall sign an agreement in writing to remove the tower within 12 months if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The applicant shall be required to notify the Town Board of his cessation of use of the tower within the twelve-month period and indicate that he will not be using the tower. The Planning Board shall require the applicant to provide an abandonment bond, as previously defined, for the removal of the telecommunications facility in the event that the applicant fails to remove it as required above. The Town must receive the abandonment bond prior to any building permit being granted. The Town does have the option of negotiating with the owner and to acquire the tower rather than having it demolished.
N. 
The amount and terms and conditions of the abandonment bond shall be subject to review by the Town Attorney every two years.
O. 
A structural integrity report shall be submitted to the Town Engineer on an annual basis or at any such time that the Code Enforcement Officer deems it necessary.
P. 
Noise-producing equipment shall be sited and/or insulated to minimize noise impacts on adjacent properties.
Q. 
The applicant shall annually provide the Code Enforcement Officer with proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation of the telecommunications facility.
R. 
The order of preference for designs of future towers within the Town of Marilla in order of decreasing preference is as follows:
(1) 
Self-supporting lattice.
(2) 
Monopole.
(3) 
Guyed towers.
S. 
Telecommunications towers and telecommunications antennas shall be of a galvanized finish or painted gray above the surrounding treeline and gray or green below the treeline; the mountings of telecommunications antennas shall be nonreflective and of the appropriate color to blend with their backgrounds unless otherwise required by the FAA.
T. 
The applicant shall pay the costs of the Town's Engineer and Attorney for the time spent reviewing and analyzing the application.
U. 
Special use permits issued for telecommunications facilities shall be issued for a term of one year. Permits may be renewed yearly, without the need for a public hearing.
V. 
If the applicant violates any of the conditions of his or its permit or violates any other local, state or federal laws, rules or regulations, this shall be grounds for revocation of the special use permit. Revocation may occur after the applicant is notified of the violations and the Planning Board holds a hearing pertaining to the same.