Irondequoit City Zoning Code
ARTICLE XXII
Regulation of Telecommunications
§ 235-124 Purpose.
A.
The purpose of this article is to:
(1)
Establish a local policy concerning the erection of commercial wireless telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and poles.
(2)
Protect persons from unsafe structures and equipment; to promote the health, safety and welfare of the residents of the Town and others; and to provide standards for safe provision of wireless telecommunications consistent with applicable federal and state regulations.
(3)
Establish clear local guidelines and standard time frames for the exercise of local authority with respect to the regulation of wireless telecommunications providers and services.
(4)
Protect the Town's interest in siting telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and poles in a manner consistent with sound land use planning, while also allowing wireless telecommunications services providers to meet their technological and service objectives; and to protect the natural features and aesthetic character of the Town.
(5)
Minimize unnecessary local regulation of wireless telecommunications providers and services.
(6)
Encourage the provision of advanced and competitive wireless telecommunications services on the widest possible basis to the businesses, institutions and residents of the Town.
(7)
Permit and manage reasonable access to the public rights-of-way of the Town for telecommunications purposes on a competitively neutral basis.
(8)
Conserve the limited physical capacity of the public rights-of-way held in public trust by the Town.
(9)
Assure that the Town's current and ongoing costs of granting and regulating private access to and use of the public rights-of-way are fully paid by the persons seeking such access and causing such costs.
(10)
Secure fair and reasonable compensation to the Town and the residents of the Town for permitting private use of the public rights-of-way.
(11)
Assure that all telecommunications carriers providing facilities or services within the Town comply with local laws, ordinances, rules and regulations of the Town.
(12)
Enable the Town to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development.
B.
This article shall be construed and administered so as to not unduly hamper reasonably satisfactory reception of satellite television signals. This article is intended to comply fully with the Federal Telecommunications Act of 1996, as amended.
§ 235-125 Definitions.
As used in this article the following terms shall have the meanings indicated:
A facility or structure serving or used in conjunction with a communications tower and located on the same lot as the communications tower, including utility or transmission equipment storage sheds or cabinets.
A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but are not limited to radio, television, cellular, paging, personal communications services (PCS) and microwave communications.
The area surrounding a standard wireless telecommunication facility that is free and clear of structures, public rights-of-way, parking lots, navigable water and other such areas that could be hit by structural failure, falling debris and other such dangers, with the exception of accessory facilities or structures associated with the tower.
The Town Department of Development Services.
See "antenna."
Environmental Protection Agency.
Federal Aviation Administration.
Federal Communications Commission.
See "communications tower."
A method of providing line-of-sight telecommunications bandwidth by means of a series of antennas, transmitters and reflectors on towers.
Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
Includes corporations, companies, joint-stock companies, firms, partnerships, limited liability companies or other entities or individuals.
See "wireless telecommunications facility, support structure."
New York State Public Service Commission.
Includes all streets owned by the Town and utility easements and other easements granted to the Town, as those terms are defined herein, but only to the extent of the Town's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.
Any parabolic dish, antenna or other transmitting device or equipment of whatever nature or kind, the primary purpose of which is to receive or to transmit television, radio, light, microwave or other electronic signals, waves and/or communication from space satellites.
See "satellite antenna."
State Environmental Quality Review Act.
A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions of such use, and is subject to the approval of the Town Board.
New York State.
See "wireless telecommunications."
See "wireless telecommunications carrier."
See "wireless telecommunications facility."
See "wireless telecommunications provider."
See "wireless telecommunications service."
See "communications tower."
See "wireless telecommunications facility, support structure."
The Town of Irondequoit.
Any easement owned by the Town and acquired, established, dedicated or devoted for public utility purposes or any other public purpose not inconsistent with telecommunications facilities.
The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the PROW of the Town and used or to be used for the purpose of providing utility or telecommunications service.
The transmission and reception of audio, video, data and other information by wire, radio, light and other electronic or electromagnetic systems.
Every person that directly or indirectly owns, controls, operates or manages a plant, equipment or property within the Town, used or to be used for the purpose of offering telecommunications service.
The communications tower, and/or accessory facility or structure, used or to be used to transmit, receive, distribute, provide or offer telecommunications service.
Siting additional telecommunications facilities on an existing structure or pole using the same base or support structure, without the need to construct a new base structure. Co-location may include siting multiple facilities from the same provider or from more than one provider in the same location.
The establishment of a telecommunications facility on a base structure where no such facility presently exists.
An exterior facility, excluding a satellite dish antenna, established for the purpose of providing wireless voice, data and/or image transmission within a designated service area. A small-cell telecommunications facility must not be staffed and consists of one or more antennas attached to a support structure or building. Antennas may not be larger than a maximum height of four feet and a maximum width of two feet, six inches. These unit types are defined under the Federal Telecommunications Act and will be processed in accordance with this article.
Any exterior facility, including an antenna, antenna array or other communications equipment, excluding a satellite dish antenna or small-cell telecommunications facility, established for the purpose of providing wireless voice, data, and image transmission within a designated service area and which includes equipment consisting of personal wireless services, as defined in federal law, including by Federal Communications Commission orders or regulations. A telecommunications facility must not be staffed. A telecommunications facility consists of one or more antennas attached to a support structure and related equipment. Equipment may be located within a building or an exterior equipment cabinet.
Any telecommunications facility that is integrated into an architectural feature of a structure or the surrounding landscape so that the facility and its purpose to provide wireless services is not visually apparent or prominent.
A monopole, tower, utility pole, existing light pole, building or any other freestanding self-supporting structure or replacement of equivalent dimensions which can safely support the installation of a telecommunications facility.
Every person who provides telecommunications service over telecommunications facilities.
The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium, excluding cable television service.
§ 235-126 Application of article.
A.
No wireless telecommunications facility of any type, support structure, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole shall hereafter be used, erected, moved, or reconstructed unless the required approval(s) have been granted under the provisions of this article.
B.
No existing structure shall be modified to serve as a telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole unless such modification is made in conformity with this article.
§ 235-127 Exceptions.
The following are exempt from the application of this article:
A.
The repair, maintenance of existing wireless telecommunication facility telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles.
B.
Antennas used solely for residential household television and radio reception.
C.
Satellite antennas one meter (39.37 inches) or less in diameter, building-mounted, installed according to manufacturers recommendations, adequately secured and meeting all electrical code requirements regardless of zoning for the districts in which they are located. For safety reasons, no such satellite antenna shall be placed on a fire escape, placed so as to impair ingress or egress to a building or structure nor placed within 10 feet of a power line.
D.
Freestanding satellite antennas for residential use, behind the principal structure and four feet from the lot line.
E.
Satellite antennas measuring two meters (78.74 inches) or less in diameter, building-mounted, installed according to manufacturer's recommendations, adequately secured, meeting all electrical code requirements and located in C Business or M Manufacturing Districts. For safety reasons, no such satellite antenna shall be placed on a fire escape, placed so as to impair ingress or egress to a building or structure nor placed within 10 feet of a power line.
F.
Any tower or antenna not more than 70 feet in height, any satellite dish not more than six feet in diameter, owned and operated by a federally licensed amateur radio station operator, or used exclusively as a receiver-only facility.
G.
Lawful or approved uses existing prior to the effective date of this article.
§ 235-128 Registration required; purpose of registration; exceptions.
A.
Except as provided in this article, all telecommunications carriers having telecommunications facilities within the corporate limits of the Town shall register with the Town Clerk pursuant to this article on forms to be provided by the Town, which information shall include the following:
(1)
The identity and legal status of the registrant, including any affiliates, subsidiaries, joint ventures and partnerships.
(2)
The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.
(3)
A description of the registrant's existing or proposed telecommunications facilities within the Town.
(4)
A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the Town.
(5)
Information sufficient to determine whether the registrant is subject to public rights-of-way licensing or franchising.
(6)
Information sufficient to determine whether the transmission, organization or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility message tax or other tax imposed by the Town.
(7)
Information sufficient to determine that the applicant has applied for and received any certificate of authority required by the State of New York to provide telecommunications services or facilities within the Town.
(8)
Information sufficient to determine that the applicant or any affiliate has applied for and received any construction permit, operating license or standard wireless telecommunication facility approvals required by the FCC to provide telecommunications services or facilities within the Town.
B.
The purpose of registration is to:
(1)
Provide the Town with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the Town, or that own or operate telecommunications facilities within the Town.
(2)
Assist the Town in enforcement of this article.
(3)
Assist the Town in collection and enforcement of any municipal taxes, franchise fees, license fees or charges that may be due to the Town.
(4)
Assist the Town in monitoring compliance with local, state and federal laws.
C.
Exceptions to registration. The following telecommunications carriers and providers are excepted from registration under this article:
(1)
Telecommunications carriers that are owned and operated by the federal government, the state or any political subdivision of the state, for its own use.
(2)
Any person who provides telecommunications service solely to itself, its affiliates or members between points in the same building, or between closely located buildings under common ownership or control, provided that such company or person does not use or occupy any public rights-of-way of the Town.
§ 235-129 Administrative review.
A.
Modifications to existing approved standard wireless telecommunication facility. Replacement of existing antennas and modifications and/or additions to equipment at existing standard wireless telecommunication facilities and support structures may be reviewed and approved administratively by the Director of Community Development or his/her designee. No board approvals are required unless the proposed equipment changes and/or additions would noticeably alter the appearance of the previously approved wireless telecommunications facility(ies).
(1)
Application for a building permit is required and structural analysis must be submitted with all other required application documentation.
B.
Wireless microcell wireless telecommunication facility. The following microcell installations may be reviewed and approved administratively by the Director of Community Development or his/her designee and proceed directly to the building permit application:
(1)
Installation of microcell wireless telecommunications equipment on existing and/or replacement utility poles in the same location in the right-of-way, provided that the following conditions are met:
(a)
Microcell antenna is no greater than four (feet) in height.
(b)
Microcell support structure (pole) is no greater than 50 feet in height.
(c)
Compliance with licensing and/or permitting requirements set forth in Chapter 199 of the Irondequoit Town Code.
(d)
Pole-mounted equipment is designed to minimize visual impacts in the right-of-way.
(2)
Installation of microcell wireless telecommunication equipment on commercial, institutional and multifamily residential buildings provided that the following conditions are met:
§ 235-130 Microcell locations requiring site plan approval.
§ 235-131 Standard wireless communication facilities in manufacturing and commercial districts.
Standard wireless telecommunication facilities and support structures, accessory facilities and structures, antennas, satellite antennas, satellite dishes and/or poles shall be permitted in any of the following high-intensity use districts upon issuance of a final site plan approval by the Town Planning Board under the procedures set forth in the Code of the Town of Irondequoit and consistent with New York State Town Law § 274-a:
§ 235-132 Standard wireless communication facilities permitted in other districts.
Standard wireless telecommunication facilities and support structures, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles are permitted in the following districts, other than those identified in § 235-131 of the Code of the Town of Irondequoit, only upon the issuance of a special use permit by the Town Board under the procedures set forth in § 235-135A of this article and New York State Town Law § 274-b:
§ 235-133 Standard wireless communication facilities prohibited in certain districts.
Notwithstanding any provisions of this article to the contrary, telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles shall not be permitted in the following zoning and environmental protection overlay districts, even where such districts may fall into the categories of potentially permitted districts as defined in §§ 235-131 and 235-132 of the Code of the Town of Irondequoit:
A.
EPOD (1) Wetlands Protection District.
B.
EPOD (2) Steep Slope Protection District.
C.
EPOD (3) Woodlot Protection District.
D.
EPOD (4) Floodplain Protection District.
E.
EPOD (5) Watercourse Protection District.
F.
EPOD (6) Coastal Erosion Area Protection District.
G.
WD Waterfront Development District.
H.
LLDD LaSalle's Landing Development District.
§ 235-134 Height and clear zone.
A.
The maximum height for standard wireless telecommunications facilities permitted under this article, including any antennas, extensions or other devices extending above the structure of the tower, measured from the ground surface immediately surrounding the site shall be no greater than 200 feet.
B.
For safety purposes, any standard wireless telecommunication facility shall have a clear zone which shall have a radius not less than the height of such tower.
§ 235-135 Procedure for special use permit and site plan approval.
A.
A special use permit shall be obtained as follows:
(1)
All applications for a special use permit shall be by written application on forms provided by the Department of Planning and Zoning and include a site plan as described in § 235-135B of the Code of the Town of Irondequoit. Upon receipt, such application, together with all supporting documents, shall be provided to the Town Planning Board for its review and recommendations to the Town Board.
(2)
Public hearing; application deemed complete.
(a)
Within 62 days of the receipt of the completed application, together with all supporting documents, the recommendation of the Town Planning Board and upon completion of all SEQRA requirements, the Town Board shall hold a public hearing pursuant to Town Law § 274-b for the approval of a special use permit. The Town Board shall review the application for compliance with the provisions of this article and shall determine that the location of the proposed telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes, and/or poles are in accordance with the principles and requirements stated herein.
(b)
An application shall be deemed complete when the Department of Planning and Zoning provides a statement that the applicant has complied with all the terms and conditions of the application form for a special use permit as the same may be determined from time to time by the Town Board.
B.
Site plan approval.
(1)
Application and site plan. All applications for site plan approval shall be by written application on forms provided by the Department of Planning and Zoning. The application shall include a site plan setting forth specific site data on a map, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:
(a)
The location of property lines, utilities and permanent easements.
(b)
The location of the communications towers, together with guy wires and guy anchors, if applicable.
(c)
A side elevation or other sketch of the standard wireless telecommunication facility showing the proposed antennas.
(d)
The location of all structures on the subject property and all structures on any adjacent property within 200 feet of the property lines of the subject property, together with the distance of these structures to the proposed communications tower.
(e)
The names of all adjoining landowners as appears on the Town Assessor's records.
(f)
The location, nature and extent of any proposed fencing, landscaping and/or screening.
(g)
The location and nature of proposed utility easements and access roads, if applicable.
(h)
Inventory of other commercial telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles within a two-mile radius of the proposed site.
(2)
Such site plan applications required under this section shall also include:
(a)
Any environmental assessment forms as required under SEQRA.
(b)
Systems, a grid or map of all of the record owner's and applicant's existing telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles in the Town and adjacent municipalities, and telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers antennas, satellite antennas, satellite dishes and/or poles proposed or projected by the owner/applicant for installation or construction for a period of two years before and after the subject application. This shall be a good faith estimate of such proposed or projected telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles with attached data supporting such an estimate.
(c)
A brief statement with supporting documentation providing sufficient technical evidence demonstrating the record owner's or applicant's need to place telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles within the Town. Such evidence may include but is not limited to such technical data showing field coverage, overlapping coverage with other telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles, field strength tests and other pertinent technical information showing that the record owner or applicant cannot fulfill its obligations to its consumers, unless such telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole is erected within the Town.
C.
Preference for higher-intensity use districts.
(1)
The Town Board or Town Planning Board shall express a preference that the proposed facility be located in a higher-intensity use district or on higher-intensity use property, provided that there is a technologically and economically feasible and available location. A guideline for the preference, from most favorable to least favorable district/property, shall be as follows:
(2)
Any request by the Town Board or Town Planning Board for information on a preferred alternate site shall not unreasonably delay the application.
D.
Shared use.
(1)
At all times, shared use of existing standard wireless telecommunication facilities shall be preferred to the construction of new communications towers. Additionally, where such shared use is unavailable, location of antennas on preexisting structures shall be considered. An applicant shall be required to present an adequate report, inventorying existing standard wireless telecommunication facilities within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
(2)
In the case of new communications towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing communications towers. Copies of written requests and any responses received thereto concerning shared use shall be provided by the applicant.
(3)
The applicant must examine the feasibility of designing a proposed telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole to accommodate future demand for commercial broadcasting and reception facilities as defined by the Federal Telecommunications Act of 1996 and the rules and regulations promulgated thereunder by the FCC. The scope of this analysis shall be determined by the Town Board for special use permits or the Town Planning Board for site plan approvals. This requirement may be waived, provided that the applicant demonstrates that the provisions of future shared use of the telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole is not feasible and an unnecessary burden, based upon:
(a)
The number of foreseeable FCC licenses for commercial telecommunications purposes available for the area;
(b)
The kind of standard wireless telecommunication facility site and structure proposed;
(c)
The number of existing and potential licenses without standard wireless telecommunication facility spaces/sites;
(d)
Available spaces on existing and approved communications towers; and
(e)
Potential adverse visual impacts created by a standard wireless telecommunication facility designed for shared usage.
E.
Design standards and aesthetics. In order to minimize any adverse aesthetic impacts on neighboring properties to the extent possible, a board may impose reasonable conditions on the applicant, including but not limited to the following:
(1)
All telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas satellite dishes and/or poles shall be sited to have the least practical adverse visual effect on the environment.
(2)
Reasonable landscaping consisting of trees or shrubs to screen the base of the telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles, and/or to screen the telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles to the maximum extent possible from adjacent property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible. Such conditions are to be consistent with the provisions set forth in § 235-135I and J of the Code of the Town of Irondequoit.
(3)
Telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes, and/or poles shall be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Telecommunications towers, communications towers, telecommunications facilities, accessory facilities or structures, towers, antennas, satellite antennas, satellite dishes and/or poles shall not be artificially lighted except when required by the FAA or other governmental regulations. Standard wireless telecommunication facilities shall be painted a galvanized finish or matte gray unless otherwise required by the FAA or other governmental regulators.
(4)
No telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole shall contain any signs or advertising devices. Warning signs shall be excepted.
(5)
Accessory facilities and structures shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
F.
Setbacks.
(1)
Notwithstanding any other provision of this article, all standard wireless telecommunication facilities must be set back a minimum distance equal to the clear zone applicable to the proposed communications tower.
(2)
All accessory structures or facilities shall also comply with the minimum setback requirements of the underlying zoning district.
G.
Radio frequency effects. The Town hereby recognizes the impact of federal laws [Telecommunication Act of 1996, Public Law 104, Section 704 (February 8, 1996), as amended or changed] on the ability of the Town to regulate telecommunications carriers, facilities, providers, services and towers on the basis of radio frequency emissions and, therefore, the Town expressly adopts the federal law mandate in this area when exercising the Town's regulatory power in this area.
H.
Traffic, access and safety.
(1)
A road turnaround and a minimum of one parking space shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation removal. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objective of this subsection.
(2)
In the event of disturbance to a public right-of-way, a one-time fee of $1 per linear foot and $1,000 per street crossing foot shall be assessed.
(3)
All standard wireless telecommunication facilities and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or sufficiently protected from trespassing or vandalism by other acceptable means.
I.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum practical extent and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit and/or site plan approval. Clear-cutting trees in single or contiguous areas exceeding 20,000 square feet shall be prohibited.
J.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the standard wireless telecommunication facility from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the Town Planning Board or Town Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the standard wireless telecommunication facilities from adjacent property.
K.
Surety for performance.
(1)
The owner of record of the premises upon which the telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole is located shall be required to execute and file with the Town Clerk of the Town an irrevocable and unconditional letter of credit or other form of security acceptable to the Town Attorney as to form and manner of execution, in an amount sufficient for the faithful performance of the terms and conditions of this article, the conditions of the special use permit or site plan approval issued hereunder, for the observation of all Town local laws or ordinances, to cover the maintenance of the telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole as the case may be during its lifetime, and provide for its removal and disposal.
(2)
The amount of such irrevocable and unconditional letter of credit required shall be determined by the Town Board in its special use permit review or the Town Planning Board during site plan approval, where no special use permit is required. In the event of default upon the performance of any such conditions, the irrevocable and unconditional letter of credit or security shall be drawn upon by the Town, which shall be entitled to maintain an action thereon. The irrevocable and unconditional letter of credit or security shall remain in full force and effect until the removal of the telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole and the site is fully restored.
(3)
Further, when any telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole is reconstructed, changed or altered in such a manner that approval of a special use permit by the Town Board and/or site plan approval by the Town Planning Board is required under this article, the owner of record of the premises upon which such reconstruction, changes or alterations occur shall be required to execute and file with the Town Clerk of the Town an irrevocable and unconditional letter of credit or other security acceptable to the Town Attorney as to form and manner of execution, in an amount sufficient to cover the original amount required under this section for the existing telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole plus an additional amount that reflects the increased burden such a reconstruction, change or alteration places on the subject telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole in accordance with this section.
L.
Expiration. The special use permit or site plan approval shall expire upon:
(1)
The failure to commence active operation of the telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole within six months of the issuance of a special use permit by the Town Board and final site plan approval by the Town Planning Board;
(2)
The discontinuance of the active and continuous operation of the telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole for a continuous period of six months, regardless of any reservation of an intent not to abandon or discontinue the use of such facilities or of an intent to resume active operations; or
(3)
From time to time, the Town Board or the Town Planning Board, at the Town Board's discretion, may review the special use permit or site plan approval to determine if the requirements, conditions and restrictions of this article are being substantially complied with in good faith. In the event that, upon review, the Town Board finds that a telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole is in violation of the approved building and site plans, the requirements, conditions and/or restrictions of this article or the terms and conditions of the special use permit are not being substantially complied with, the enforcement procedures shall be invoked and/or the special use permit shall be revoked within 90 days of written notice by certified mail from the Department of Development Services unless the requirements, conditions and restrictions are complied with within said ninety-day period. In the event that such requirements, conditions and/or restrictions can not be corrected within 90 days, then compliance with the same shall be commenced within 90 days of receipt of such written notice.
M.
Conditions. The boards may impose such reasonable conditions and restrictions on a special use permit or site plan approval as are directly related to and incidental to the proposed telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole.
§ 235-136 Removal of obsolete and/or unused facilities.
A.
If the use of any telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole is discontinued, the provider and/or owner shall notify by certified mail addressed to the Town Director of Developmental Services within 90 days of such discontinuance. If the facility will be retained, the telecommunications provider and/or owner shall establish that the facility will be reused, and all necessary approvals obtained, or a demolition permit shall be obtained, and the facility removed, within one year. Upon good cause shown, the Director of Developmental Services may extend the one-year period for demolition and removal for a period not to exceed one additional year.
B.
Approval of a new telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole, or the expansion or modification of any existing standard wireless telecommunication facility or accessory facility or structure, shall be conditioned upon the owner's and applicant's agreement to remove such standard wireless telecommunication facility or accessory facility or structure once it is no longer used. Removal of such obsolete and/or unused standard wireless telecommunication facility or accessory facility or structure shall take place within one year of cessation of its use.
§ 235-137 Administration and enforcement.
A.
Public hearings. No action shall be taken by the Town Board to issue a special use permit, by the Planning Board to issue site plan approval or the Town Zoning Board of Appeals to grant use or area variances until after public notice and hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town at least 10 days before the date set for a public hearing, and written notice shall be mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying, by first-class mail, all property owners of record within 500 feet of the outside perimeter or boundary line of the property involved in the underlying application of the time, date and place of such public hearing and such notice shall be sent at least five business days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address.
§ 235-138 Enforcement; penalties for offenses.
B.
In addition to the penalties provided under this section, the Town Board may also maintain an action or proceeding to prevent, correct or restrain any violation of this article.
C.
In the event that a penalty is assessed against the applicant or the record owner of the subject premises in accordance with this section and remains unpaid for a period of six months, then, in that event, the special use permit and/or site plan approval shall expire in accordance with § 235-135L of this article.
§ 235-139 Fees.
Fees for applications and permits under this article shall be established and may be amended from time to time by resolution of the Town Board.
§ 235-140 Collocation of wireless telecommunication facilities of the Department of Public Safety of Monroe County.
Prior to approval of the construction of a telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole as contained herein, the applicant must contact the Superintendent of Public Safety Communications of the County of Monroe to determine the feasibility of collocating County of Monroe emergency communication equipment on the telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole. The applicant must demonstrate that collocation of County of Monroe emergency communication equipment on the applicant's proposed telecommunications tower, communications tower, telecommunications facility, accessory facility or structure, tower, antenna, satellite antenna, satellite dish and/or pole will not meet the siting needs of the County of Monroe.
§ 235-141 Inconsistency.
All other local laws and ordinances of the Town inconsistent with the provisions of this article are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this article shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this article.
§ 235-142 Unconstitutionality and illegality.
If any clause, sentence, paragraph, word, section or part of this article shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the paragraph, word, section or part thereof not directly involved in the controversy in which such judgment shall have been rendered.
§ 235-143 When effective.
This article shall take effect immediately upon filing in the office of the Secretary of State in accordance with the Municipal Home Rule Law § 27.