[HISTORY: Adopted by the Town Board of the Town of Forestburgh 2-7-2002
by L.L. No. 1-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
The purposes of this chapter shall be:
A.
To establish clear standards for the siting of wireless
communication facilities, buildings and structures, equipment, communication
towers, antenna towers and monopoles.
B.
To promote the health, safety, and general welfare of
the residents of Forestburgh through the establishment of minimum standards
to reduce the adverse visual effects of communication 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 communication facilities
and communication towers in areas suitably screened, buffered and adequately
separated from residential uses.
E.
To minimize the total number of communication facilities
and communication towers throughout the community.
F.
To encourage the joint use of new and existing communication
tower sites as a primary option rather than construction of additional single-use
communication towers while recognizing the collocation on higher towers is
not always preferable to two less visible, less obtrusive shorter towers;
thereby maximizing the use of existing communication towers or alternative
antenna host sites, while not unreasonably limiting competition among communication
providers or unreasonably limiting reception of receive-only antenna.
G.
To require users of communication 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 communication 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 communication
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. Open and scenic areas (as determined by the
Town Board or the Planning Board) shall be preserved and tower and antenna
siting shall be excluded.
I.
To avoid potential damage to adjacent properties from
communication towers through careful engineering and appropriate siting of
communication 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 communication
facilities.
As used in this chapter, the following terms shall have the meanings
indicated:
Coverage is considered to be adequate within the service area of
the Town of Forestburgh if the minimum standards set forth by the Federal
Communications Commission to permit the applicant to operate a personal wireless
communication service 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 communication facilities used
by the same provider, or by two or more competing providers, on the same property
and/or antenna support structure or a communication 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 (1) on the same property
as an existing wireless communications facility designed for collocation and
previously approved under this chapter, or (2) on or in an existing building
or other structure; and where the equipment consists of a combination of antennas,
or other receiving device, necessary in number to facilitate the provision
of wireless communication services from such location, provided that such
minor installation: (1) comprises antennas, or transmitting and receiving
devices which are no more than six feet in height, which are mounted on supports
affixed to an existing structure, and (2) 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, or located
upon a structure the total combined height of which is less than 100 feet
from the preconstruction average-finished grades.
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, 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 wireless communications
facility proposed to be located in a residential zoning district 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 communication facilities shall at all times be in
conformance with the rules and regulations of any governmental entity having
jurisdiction over such communication facilities and uses, antenna and/or supporting
structures and towers, including, without limitation, the FCC and FAA.
B.
All communication facilities shall be operated and maintained
by an FCC licensee only.
C.
All communication facilities shall be shown to be necessary
to provide coverage to an area of Town which currently lacks adequate coverage
and that any related communication tower or antenna is proposed at the minimum
height and aesthetic intrusion possible to provide adequate coverage. The
applicant seeking to locate a communication facility in the Town of Forestburgh
shall demonstrate the need for new or additional antennas or communication
towers.
D.
All communication 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 or does not abut a residential district.
E.
All communication facilities shall be constructed and
maintained in conformance with all building, electrical, fire prevention and
other applicable codes.
A.
Approved zoning districts.
(1)
Major wireless communications facilities shall be a use
permitted upon site plan approval in zoning districts which permit public
utility facilities requiring site plan approval from the Planning Board in
accordance with the provisions of the Zoning Law[1] and this chapter.
(2)
If it can be demonstrated by the applicant that there
is no site in the above referenced zoning districts which would provide coverage
consistent with federal regulations, the Planning Board may determine that
a major wireless communications facility may be permitted as a special permit
use in another district in accordance with the Zoning Law and this chapter.
B.
Conditions precedent to granting site plan or special
permit 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 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 are 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 communication facility
and supporting buildings and equipment has 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 communication 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 potential effects of multiple towers and tower height, community
intrusion impacts and visual and aesthetic impacts.
(3)
Documentation sufficient to demonstrate that the proposed
communication tower height and bulk are 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 an existing structure or
site is impractical. An applicant shall be required to present a report inventorying
all existing structures within 1/2 mile of the proposed site which are at
an elevation which tenders 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 uses
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 site plan approval following a hearing
and opportunity to be heard. The letter shall commit the new tower owner and
his successors in interest to the following:
(a)
To notify all carriers licensed to provide telecommunication
services within the Town of its application and that it will entertain requests
for collocation.
(b)
To respond within 90 days to a request for information
from a potential shared-use application.
(c)
To use best efforts and negotiate in good faith concerning
future requests for shared use of the tower by other telecommunications providers.
(d)
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 of 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 § 176-8 of this chapter. The certification shall include a statement or explanation of how compliance was determined, and 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.
(7)
Siting on lands owned by the Town shall be permitted
on any Town parcels, in the discretion of the Town Board.
A.
Procedural. The following procedural information shall
be required:
(1)
Visual impact assessment.
(a)
A view shed 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.
(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 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.
(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
damage from earthquakes and the wind and ice loads 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 Forestburgh.
(3)
Fully engineered site plan. A site plan showing, at a
minimum, all existing roads, buildings, tower(s), guy wires and anchors, antennae,
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 communication
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 nearest residential structure;
[7]
Approximate location of nearest occupiable structure;
[8]
Approximate location of 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 antennae and all appurtenant structures;
[11]
Type, size and location of all proposed and existing
landscaping;
[12]
The number, type and design of the antenna(e) proposed
and the basis for the calculations of capacity;
[13]
The make, model and manufacturer of the antenna(e);
[14]
A description of the proposed antenna(e) and all related
fixtures, structures, appurtenances and apparatus, including height above
grade, materials, color, grounding and lighting;
[15]
The frequency, modulation and class of service of radio
equipment;
[16]
Transmission and maximum effective radiated power of
the antenna(e);
[17]
Certification that the proposed antenna(e) 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(e) is mounted;
[19]
A map depicting and listing all existing sites in the
Town and bordering communities containing transmitting antenna(e) 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 forgoing requirements set forth in this section and may require
additional reports or evidence that it deems necessary to ensure 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:
(a)
Notification in writing to the Municipal Clerk of any
adjoining municipality within one mile of a proposed site or a greater distance
if determined by the Board to be impacted by a proposed new telecommunication
tower.
(b)
Notification in writing by certified mail of all landowners
within 1,000 feet of the property line of the parcel on which a new tower
is proposed.
B.
Location, lot size and setbacks. 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 communication towers shall be a distance of not less
than 350 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. If the land is to be leased, the entire area required shall
be leased from a single parcel.
(3)
Wireless communications towers shall be located with
a minimum setback from any property line equal to the height of the tower
in any zoning district, except, however, if the applicant can demonstrate
that the fall zone for the structure can be safely accommodated on a smaller
size parcel or with reduced setbacks to no less than the minimum bulk requirements
in the underlying zoning district, the Planning Board shall have the discretion
to reduce the size accordingly. The applicant must demonstrate that there
is adequate protection to adjoining properties from the dangers of falling
ice or debris through either an easement or other safeguards. The Planning
Board shall make findings of fact justifying a reduction and shall impose
such additional conditions that the Board may deem appropriate to protect
the health, safety and welfare. 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 communication 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 of a height and
density established by the Planning Board 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 communication 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. Existing vegetation shall be preserved to the maximum
extent practicable. Additional planting shall be required, as necessary, to
screen and buffer all structures from nearby properties or important view
sheds 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 communication 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 communication 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 an unauthorized person
does gain access, that person cannot 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 communication facilities, including antenna and communication
towers, shall be colored, camouflaged and/or shielded to blend with surrounding
areas, provided such coloring, camouflage and/or shielding do not inhibit
their effectiveness. The painting or marking of such facilities shall be 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 communication 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, communication 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.
(c)
Any signage permitted above shall comply with the sign
regulations of the Town Code.
D.
Undergrounding of electrical power and noise suppression.
(1)
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 the 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 upon existing
approved towers shall be preferred to the construction of major wireless communications
facilities, including new wireless communications towers and/or monopole.
Minor wireless communications facilities are a permitted use in all zoning
districts within the Town of Forestburgh.
A.
Minor wireless communications facilities permitted upon
issuing of a building permit only. An application to collocate a wireless
communications facility upon an existing wireless communications facility
designed for collocation and previously approved under this chapter may be
approved by the Building Inspector by issuance of a building permit incorporating
the regulatory requirements of this chapter.
B.
Minor wireless communications facilities permitted upon
site plan approval. An application for any other minor wireless communications
facility shall be subject to site plan review by the Planning Board in accordance
with the Zoning Law and this chapter. The Planning Board may require the applicant
to submit any of the items required for submission in major wireless communication's
facilities' applications as part of the site plan review process.
(1)
An application for site plan approval of a minor telecommunications
facility shall include the following:
(a)
A completed site plan application form.
(b)
Consent from the owner of the existing facility to allow
shared use.
(c)
A site plan. The site plan shall show all existing and
proposed structures and improvements, including antennae, road, 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.
(d)
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.
(e)
A copy of the applicant's Federal Communications Commission
(FCC) license.
(f)
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.
(g)
The Planning Board may add any other documentation, reports
or evidence that it deems necessary to ensure the health, safety and welfare
of the community is adequately addressed.
A.
Removal.
(1)
Any antenna, communication facility, communication 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 and the site restored 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 a written request, 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 the tower is not removed and the site restored
as herein required, the Town, after notice and opportunity to be heard, may
cause the same to be removed and the site restored at the expense of the property
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 communication 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
with 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 insure 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.
Reimbursement of review expenses. All costs and expenses
incurred by the Planning Board in connection with its review and approval
of an application for a wireless communication facility shall be reimbursed
to the Town by the applicant prior to final approval.
D.
Existing installations.
(1)
The current operator of any communication facility or
communication tower, antenna or monopole, existing at the time that these
regulations take effect, shall be permitted to remain in operation, provided
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 communication facility or communication
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.
