[Added 6-18-1998 by L.L. No. 2-1998]
It is the purpose of this article:
A.
To establish clear standards for the siting of wireless
communications facilities, buildings and structures, equipment, communications
towers, antenna towers and monopoles.
B.
To promote the health, safety and general welfare
of the residents of New Paltz through the establishment of minimum
standards to reduce the adverse visual effects of communications facilities,
including but not limited to, transmission towers and antennas, through
the use of advanced technology, careful design, siting and screening
and buffering.
C.
To protect residential areas and land uses and property
values from potential adverse impacts of towers and antennas.
D.
To encourage the location of communications facilities
and communications towers in areas suitably screened, buffered and
adequately separated from residential uses.
E.
To minimize the total number of communications facilities
and communications towers throughout the community.
F.
To encourage the joint use of new and existing communications
tower sites as a primary option rather than construction of additional
single-use communications towers while recognizing that collocation
on higher towers is not always preferable to two less visible, less
obtrusive shorter towers; thereby maximizing the use of existing communications
towers or alternative antenna host sites, while not unreasonably limiting
competition among communication providers or unreasonably limiting
reception of receive-only antennas.
G.
To require users of communications towers and antennas
to locate them, to the extent possible, in areas where the adverse
impact on the community is shown to be minimal.
H.
To require users of communications towers and antennas
to configure them in a way that minimizes adverse visual, aesthetic
and community character intrusion impacts caused by the installation
and view of communications towers and antennas, through careful design,
siting, landscape screening and buffering, sufficient setbacks to
reduce visual impacts to adjacent properties and innovative camouflaging
techniques such as alternative tower structures, thereby protecting
the physical appearance of the community and preserving its scenic
and natural beauty.
I.
To avoid potential damage to adjacent properties from
communications towers through careful engineering and appropriate
siting of communications towers.
J.
To enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently by facilitating the siting of personal wireless communications
facilities.
As used in this article, the following terms
shall have the meanings indicated:
Coverage is considered to be adequate within the service
area of the Town of New Paltz if the minimum standards set forth by
the Federal Communications Commission to permit the applicant to operate
a personal wireless communications services within the area are met.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative designs including structures that camouflage
or conceal the presence of antennas or towers.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
The siting and/or mounting of multiple communications facilities
used by the same provider, or by two or more competing providers,
on the same property and/or antenna support structure or communications
tower.
Any wireless communications facility that is not a minor
wireless communications facility, including but not limited to any
facilities including any wireless communications towers, as hereinafter
defined.
Any wireless communications facility situated on or in an
existing building or other structure where such equipment consists
of a combination of antennas or other receiving device necessary in
number to facilitate the provision of wireless communications services
from such location, provided that such minor installation is comprised
of antennas or transmitting and receiving devices which are no more
than 10 feet in height, which are mounted on supports affixed to an
existing structure, and operates with all significant equipment accessory
thereto (other than the aforementioned antennas and transmitting or
receiving devices, supports and connecting cables), installed in interior
space appurtenant to such existing building, tower or structure.
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including but not limited
to antennas, monopoles, equipment, appurtenances and structures.
The provision of personal wireless communications services,
including but not limited to those more commonly referred to as "cellular
telephone service," which services are regulated by the Federal Communications
Commission in accordance with the Communications Act of 1934, as amended
by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C),
or as hereafter amended.
Any freestanding structure including lattice structures or
framework and freestanding self-supported vertical pole (commonly
known as "monopole") on which any equipment is located in connection
with the provision of wireless communications services.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations. An
application for approval of a major wireless communications facility
shall constitute a Type 1 action.
No wireless communications facilities except
those approved prior to the effective date of these regulations shall
be used, located, constructed or maintained on any lot, structure
or land area unless in conformity with these regulations. No wireless
communications facilities may hereafter be erected, moved, reconstructed,
changed or altered unless in conformity with these regulations. No
existing structure shall be modified to serve as a wireless communications
facility unless in conformity with these regulations.
A.
All communications facilities shall at all times be
in conformance with the rules and regulations of any governmental
entity having jurisdiction over such communications facilities and
uses, antenna and/or supporting structures and towers, including,
without limitation, the Federal Communications Commission (FCC) and
Federal Aviation Administration (FAA).
B.
All communications facilities shall be operated and
maintained by an FCC licensee only.
C.
All communications facilities shall be shown to be
necessary to provide coverage to an area of Town which currently is
proven to include inadequate coverage and that any related communications
tower or antenna is proposed at the minimum height and aesthetic intrusion
possible to provide that necessary coverage. The applicant seeking
to locate a communications facility in the Town of New Paltz shall
demonstrate the need for new or additional antennas or communications
towers.
D.
All communications facilities, if proposed for placement
on a lot that is within or abuts a residential district, shall prove
that adequate coverage cannot be achieved by siting the facility on
a lot which is not in or does not abut a residential district.
E.
All communications facilities shall be constructed
and maintained in conformance with all building, electrical, fire
prevention and other applicable codes.
Major wireless communications facilities shall
be located only within the Wireless Communications Facilities Overlay
District within the Town of New Paltz which consists of the following
areas: a one-half-mile-wide corridor centered on the New York State
Thruway for its entire length in the Town except that area that lies
within 1,000 feet from New York State Route 299 in both a southerly
and northerly direction.
A.
Permit requirements. Major wireless communications facilities shall be a special permit use in the WCF Overlay District requiring special permit approval from the Planning Board pursuant to the procedural requirements of § 140-55E of the Zoning Law and site plan approval from the Planning Board in accordance with the provisions of § 140-52 of the Zoning Law.
B.
Wireless communications facilities siting preferences.
Applicants seeking to locate wireless communications facilities in
the Town of New Paltz shall endeavor to select sites that meet the
following site selection criteria in descending order of preference:
(1)
Shared use of existing personal wireless service facilities.
(2)
The use of all available state-of-the-art technological
alternatives to provide adequate coverage without requiring new tower(s).
(3)
Clustering of towers adjacent to or near existing
towers.
(4)
The use of land distant from higher-density residential
properties, and where visual impact can be minimized.
C.
Provision of independent consultants.
(1)
Upon submission, of an application for a special use
permit under this article, the Town Board may hire independent consultants
to review that application and data presented and whose fees for services
shall be paid for by the applicant(s). These consultants shall each
be qualified professionals with a record of service to municipalities
in one of the following fields:
(2)
The Town Board shall select the independent consultant(s)
after consultation with the Planning Board.
D.
Conditions precedent to granting site plan or conditional
use approval.
(1)
A service coverage map and report shall be provided.
The service coverage map shall show and describe all existing and
proposed areas of service coverage relating to the proposed communications
facility. The service coverage map shall locate and identify all existing
sites in the Town and in bordering communities which contain communications
towers or related facilities. A detailed report shall accompany the
service coverage map and shall indicate why the proposed communications
tower, equipment and facility is necessary. The report shall identify
locations within the proposed project site service coverage area which
are not, and could not be, served by either existing facilities, by
collocation, utilization of alternative technology or an alternative
tower structure.
(2)
A long-range communications facilities plan shall
be provided, evidencing that the proposed location of the communications
facility and supporting buildings and equipment have been planned
to result in the fewest number of communications transmission tower
locations within the Town. The Plan shall indicate how the applicant
intends to provide service throughout the Town, and how the applicant
plans to coordinate with all other providers of wireless communications
services in the Town. The plan shall address the applicant's planned
and possible location of additional tower sites, additional antennas,
related service area coverage and alternative long-range plan scenarios
that illustrate the potential effects of multiple towers and tower
height, community intrusion impacts and visual and aesthetic impacts.
(3)
Documentation, sufficient to demonstrate that the
proposed communications tower height and bulk is the minimum height
and bulk necessary to provide licensed communication services to locations
within the Town which the applicant is not able to serve with existing
facilities in the project site area, shall be provided, including
evidence that visual, aesthetic and community character intrusion
impacts have been minimized to the greatest extent practicable.
(4)
Demonstration that shared use is impracticable. The
Planning Board may issue a permit for a major wireless communications
facility only when the applicant demonstrates that shared use of existing
structures or sites is impractical. An applicant shall be required
to present a report inventorying all existing structures within one
half mile of the proposed site which are at an elevation which renders
them potential sites. The report shall describe opportunities for
shared use of these existing facilities as an alternative to a proposed
new tower. The report shall demonstrate that the applicant used its
best efforts to secure permission for shared use from the owner of
each existing facility as well as documentation of the physical, technical
and/or financial reasons why shared usage is not practical in each
case. The applicant's written request and the property owner's written
responses for shared use shall be provided.
(5)
Commitment for future shared use. New wireless communications
towers shall be designed to accommodate future shared demand for reception
and transmitting facilities. The applicant shall submit to the Town
Board and Planning Board an irrevocable letter of intent committing
the owner of the proposed new tower and its successors in interest
to permit shared use of the proposed tower by other telecommunications
providers in the future. This letter shall also be filed with the
Building Inspector prior to issuance of a building permit. Failure
to abide by the conditions outlined in the letter may be grounds for
revocation of the special permit following a hearing and opportunity
to be heard. The letter shall commit the new tower owner and its successors
in interest to the following:
(a)
To respond within 90 days to a request for information
from a potential shared-use applicant.
(b)
To use best efforts and negotiate in good faith
concerning future requests for shared use of the tower by other telecommunications
providers.
(c)
To allow shared use of the tower if another
telecommunications provider agrees in writing to pay reasonable charges.
The charge may include but is not limited to a pro rata share of the
cost of site selection, planning, project administration, land costs,
site design, construction and maintenance financing, return on equity
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
(6)
A written certification shall be submitted, prepared by a qualified engineer and/or health physicist which calculates the maximum amount of nonionizing electromagnetic radiation (NIER) which will be emitted from the proposed wireless communications facility and demonstrates that any such emissions from the facility will be within the threshold levels adopted by the Federal Communications Commission, as of the day of application and as part of the certification required as part of § 140-75 of this law. The certification shall include a statement or explanation of how compliance was determined; an explanation as to what, if any, restrictions on access will be maintained to ensure compliance; and a statement as to whether other significant transmitting sources are located at or near the transmitting site and, if so, whether their emissions were considered in determining compliance.
A.
Procedural. The following additional information shall
be required:
(1)
Visual impact assessment.
(a)
A viewshed analysis in order to determine locations
where the tower and appurtenant facilities may be visible.
(b)
Graphic representations of before and after
views from key viewpoints located inside and outside of the Town including
but not limited to state highways and other major roads; state and
local parks; other public lands, preserves and historic sites normally
open to the public; residential developments; and from any other location
where the site is visible to a large number of visitors or travelers.
(c)
Assessment of alternative tower designs and color schemes, as described in Subsection A(2) below.
(d)
Assessment of the visual impact of the tower
base, guy wires, accessory buildings and overhead utility lines from
abutting properties and streets.
(e)
Where lighting is required by FAA regulations,
an assessment of alternative lighting options.
(2)
Tower design. A report regarding alternative tower
designs which includes lattice and monopole structures and other designs
to minimize visual impacts. The Board may request a review of the
tower design by a qualified engineer in order to evaluate the need
for and the design of any new tower and potential alternatives. All
designs to be considered shall be required to include, at a minimum,
the following characteristics:
(a)
Towers shall be designed to accommodate future
shared use by other wireless communications providers.
(b)
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact and shall incorporate all state-of-the-art
camouflaging and/or stealth technology.
(c)
No portion of any tower or accessory structure
shall be used for a sign or other advertising purpose, including but
not limited to company name, phone numbers, banners and streamers.
(d)
Any new tower shall be securely mounted to withstand
the wind and ice loads and earthquake damage for the place of installation
in accordance with the New York State Uniform Fire Prevention and
Building Code.
(e)
The height of any new tower shall be the minimum
height necessary, considering shared use, to meet the minimum requirements
of the Federal Communications Commission for coverage of the service
area encompassing the Town of New Paltz.
(3)
Fully engineered site plan. A site plan showing, at
a minimum, all existing roads, buildings, tower(s), guy wire and anchors,
antennas, parking and landscaping, and shall include grading plans
for new facilities and roads.
(4)
Engineer's report.
(a)
A report by a New York State licensed professional
engineer specializing in electrical engineering with expertise in
radio communications facilities and, if a monopole or tower is required
or the electrical engineer is not qualified to certify the structural
soundness of the installation, a New York State licensed professional
engineer specializing in structural engineering. The report shall
contain the following information:
[1]
Name(s) and address(es) of person(s) preparing
the report.
[2]
Name(s) and address(es) of the property owner,
operator and applicant.
[3]
Postal address and section, block and lot number
of the property.
[4]
Zoning district in which the property is situated.
[5]
Approximate size of the property and the approximate
location of all lot lines.
[6]
Approximate location of the nearest residential
structure.
[7]
Approximate location of the nearest occupiable
structure.
[8]
Approximate location of the nearest day-care
center, school, camp or recreational park.
[9]
Approximate location of all structures on the
property which is the subject of the application.
[10]
Approximate location, size and height of all
proposed and existing antennas and all appurtenant structures.
[11]
Type, size and location of all proposed and
existing landscaping.
[12]
The number, type and design of antenna(s) proposed
and the basis for the calculations of capacity.
[13]
The make, model and manufacturer of the antenna(s).
[14]
A description of the proposed antenna(s) and
all related fixtures, structures, appurtenances and apparatus, including
height above grade, materials, color and lighting.
[15]
The frequency, modulation and class of service
of radio equipment.
[16]
Transmission and maximum effective radiated
power of the antenna(s).
[17]
Certification that the proposed antenna(s) will
not cause interference with existing communication devices.
[18]
Elevation drawings depicting the front, side
and rear of the property, illustrating the proposed antenna, mounting
device and structure, if any, on which the antenna(s) is mounted.
[19]
A map depicting and listing all existing sites
in the Town and bordering communities containing transmitting antenna(s)
used by the operator, owner or applicant.
[20]
All applications, communications and permits
submitted to and issued by the Federal Aviation Administration.
(b)
The Planning Board may, in a proper case, waive
one or more of the foregoing requirements set forth in this section
and may require additional reports or evidence that it deems necessary
to ensure that the health, safety and welfare of the community are
adequately addressed.
(5)
Intermunicipal notification. In order to keep neighboring
municipalities informed, and to facilitate the consideration of shared
use of existing tall structures in a neighboring municipality, and
to assist the continued development of communication for emergency
services, the applicant shall provide the following additional notice
of the application:
B.
Location, lot size and setbacks. Any proposed wireless
communications tower and its accessory structures shall be located
on a single parcel and shall comply with setback requirements as identified
below.
(1)
Distance from public facilities. In order to protect
the health, safety and welfare of children who may be injured by falling
ice or debris, all wireless communications towers shall be a distance
of not less than 500 feet from the nearest property line of a school,
day-care center, camp, public park or playground.
(2)
Lot size of major wireless communications facilities
sites shall be determined by the amount of land required to meet the
setback requirements and/or the bulk and area requirements of the
underlying zoning district, whichever are greater. If the land is
to be leased, the entire area required shall be leased from a single
parcel unless the Planning Board determines that this provision may
be waived.
(3)
Wireless communications towers shall be located with
a minimum setback from any property line equal to 1/2 of the height
of the tower in business and industrial zoning districts and a distance
of twice the height in a residential zoning district. Accessory structures
shall comply with the minimum setback requirements in the underlying
zoning district.
(4)
Additional setbacks may be required by the Planning
Board to contain on-site substantially all ice fall or debris from
tower failure and preserve the privacy of any adjoining residential
and public properties.
C.
Vegetative screening and fencing.
(1)
Landscaping. All communications facilities shall provide
landscaping as follows:
(a)
All communications towers shall be located and
designed to have the least possible adverse visual and aesthetic effect
on the environment.
(b)
The area surrounding the installation, other
than the area necessary to maintain a clear line of site to the signal
source, shall be landscaped and maintained with trees, shrubs and
ground cover to maximize screening and visual buffering. An existing
natural vegetative buffer which meets or exceeds the above requirements
may be substituted or enhanced for said requirements.
(c)
Screening and buffering utilizing trees native
to the area and of a height and density established by the Planning
Board but in no event being less than four inches in diameter at breast
height that will, over time, reduce visual impacts resulting from
the installation of said facility shall be provided.
(d)
The outside of security fencing shall be screened
with evergreen shrubs, trees or climbing evergreen material on the
fencing.
(e)
The base of any communications tower and any
accessory structure shall be effectively screened using primarily
vegetative screening, including a continuous evergreen screen planted
in a natural setting and consisting of native plant species forming
a continuous row or hedge of at least 10 feet in height within two
years of planting. Existing vegetation shall be preserved to the maximum
extent practicable. Additional plantings shall be required, as necessary,
to screen and buffer all structures from nearby properties or important
viewsheds of scenic areas. All landscaping shall be properly maintained
to ensure continued screening and buffering.
(2)
Security and safety fencing. Security and safety fencing
shall be located around all communications towers, equipment and related
facilities to restrict unauthorized access. Access to all structures
shall be through a locked gate or principal building. Fencing shall
be designed to minimize visual and aesthetic impacts and shall be
equipped with appropriate anticlimbing devices. Failure to maintain
said security and safety fencing in an appropriate manner shall be
grounds for immediate revocation of all permits and certificates of
use by the Building Inspector. In addition:
(a)
All communications towers, antenna towers or
monopoles and other supporting structures shall be made inaccessible
to nonauthorized persons, particularly children, and shall be constructed
or shielded in such a manner that they cannot be climbed.
(b)
All transmitter controls that could cause the
transmitter to deviate from its authorized operating parameters shall
be designed and installed in such a manner that they are readily accessible
only to persons authorized by the licensee to operate or service them.
(c)
All transmitters used with in-building radiation
systems shall be designed in such a manner that, in the event that
an unauthorized person does gain access, that person can not cause
the transmitter to deviate from its authorized operating parameters
in such a way as to cause interference to other stations.
(d)
All transmitters (other than hand-carried or
pack-carried mobile transmitters) and control points shall be equipped
with a visual means of indicating when the control circuitry has been
put in a condition that should cause the transmitter to radiate.
(e)
All transmitters shall be designed in such a
manner that they can be turned off independently of any remote control
circuits.
(3)
Coloring and marking. Unless otherwise required by
the FAA or FCC, all communications facilities, including antenna and
communications towers, shall be colored, camouflaged and/or shielded
to blend with surrounding areas, provided that such coloring, camouflage
and/or shielding does not inhibit their effectiveness. The painting
or marking of such facilities shall have a finish or coloring which
will minimize visual and aesthetic impacts. Towers and all appendages
shall generally have a galvanized finish and shall be painted gray
or blue gray, or some other finish or color that is shown to be visually
unobtrusive.
(4)
Signals and lights. No communications tower, antenna
tower or monopole shall include any signals, lights or illumination
unless required by the FAA or other applicable authority. The applicant
shall provide evidence mandating any requirement for lighting. If
lighting is required, said lighting shall be shown to cause the least
disturbance to surrounding properties and views. Any lighting necessary
for accessory structures or buildings shall be minimized and shall
be properly shielded to prevent light emission and glare onto adjacent
properties.
(5)
Signage. No signs, including advertising signs, shall
be permitted on any antenna, communications tower, antenna tower or
monopole or antenna support structure, except as follows:
(a)
Signs specifically required by a federal, state
or local agency.
(b)
Each site shall include a sign containing the
name of the owner and operator of any antenna present, including an
emergency phone number. In addition, any door having access to a roof-mounted
antenna and all entrances to the fenced enclosure shall be similarly
signed.
D.
Undergrounding of electrical power and noise suppression.
All electrical power supply to service the on-site buildings and appurtenances
supporting the tower antenna operations shall be installed underground.
Noise suppression shall be utilized in the structural design and construction
of the tower support buildings and appurtenances.
E.
Access and parking.
(1)
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the toe of fill, the top of cuts
or no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(2)
Parking. Parking shall be provided on site in an amount
determined by the Board based upon recommendation from the applicant.
No parking shall be located in any required front yard.
At all times, the shared use within existing
tall structures (for example, multistory buildings, church steeples,
farm silos, etc.) and existing approved towers shall be preferred
to the construction of major wireless communications facilities including
new wireless communications towers and/or monopole.
A.
Minor wireless communications facilities are a permitted use in all zoning districts within the Town of New Paltz, subject to site plan review by the Planning Board in accordance with § 140-52 of the Code of the Town of New Paltz. The Planning Board may require the applicant to submit any of the items under §§ 140-74 and 140-75 herein as part of the site plan review process.
B.
An application for site plan approval of a minor telecommunications
facility shall include the following:
(1)
A completed site plan application form.
(2)
Consent from the owner of the existing facility to
allow shared use.
(3)
A site plan. The site plan shall show all existing
and proposed structures and improvements including antennas, roads,
buildings, guy wires and anchors, parking and landscaping and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification to the existing facility shall be indicated
on the site plan.
(4)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing structure, will not hamper existing emergency networks
and explaining what modifications, if any, will be required in order
to certify the above.
(5)
A copy of the applicant's Federal Communications Commission
license.
(6)
The Planning Board may waive any of the above requirements
if it is demonstrated by the applicant that under the facts and circumstances
the submission of such documentation would cause an unnecessary and
undue hardship.
(7)
The Planning Board may require any other documentation,
reports or evidence that it deems necessary to ensure that the health,
safety and welfare of the community are adequately addressed.
A.
Removal.
(1)
Any antenna, communications facility, communications
tower, antenna tower or monopole, including any supporting structure
and related appurtenances, or part thereof, that is not used for a
period of six months in any twelve-month period shall be removed by
and at the expense of the owner of the property or the operator of
said facility.
(2)
An extension of an additional six months may be granted
by the Building Inspector upon submittal of a written request for
said extension, including proof as determined reasonable by the Building
Inspector that the owner is actively engaged in the marketing of the
property for sale or rent.
(3)
In the event that the tower is not removed as herein
required, the Town, in addition to any other remedy permitted by law,
and after notice and opportunity to be heard, may cause the same to
be removed at the expense of the owner collectible in the same manner
as a real property tax.
B.
Operational certification. Within 45 days of initial
operation or modification of a wireless communications facility, the
owner or operator shall submit to the Building Inspector a written
certification by a professional engineer that the operation facility
is in compliance with the application submitted, any conditions imposed
and all other provisions of this chapter as a condition to continue
operating past the forty-five-day period. The Town may confirm and
periodically reconfirm compliance as necessary to ensure that the
provisions of this chapter, including NIER level thresholds, as set
forth by the FCC, are in compliance. The owner/operator of the facility
shall supply all necessary documentation to permit the Town to make
such a determination regarding compliance. If found not to be in compliance
the facility shall cease operation until compliance is restored.
C.
Review. In any event, the special permit shall be
subject to review by the Planning Board at two-year intervals to determine
whether the owner or operator is in compliance with all terms and
conditions imposed by the Planning Board in such permit, and whether
the technology in the provision of wireless communications services
has changed such that the facilities can be altered or modified, by
reasonable means available to the industry, to reduce any adverse
impacts associated with the provision of such services.
D.
Existing installations.
(1)
The current operator of any communications facility
or communications tower, antenna or monopole existing at the time
that these regulations take effect shall be permitted to remain in
operation, provided that the operator submits proof within six months
of the enactment of these regulations that a valid building permit
was issued for the facility and that the facility complies with current
emission standards as recommended by the FCC.
(2)
Any legal nonconforming communications facility or
communications tower shall be permitted to remain until such time
as said use and facility is altered, at which time the compliance
herein shall be brought in.
(3)
Any facility for which emission and security compliance
documentation is not received shall cease operation within six months
of the enactment of these regulations and shall be immediately removed
thereafter.
If any provision of this article or the application
of any other provision to any item in this article is held invalid,
the invalidity of that provision or application shall not affect any
of the other provisions or the application of those provisions to
other items in this chapter or article.
