§ 75-3. Enabling authority.

Any Wireless Telecommunications Facility which is established, installed, erected, constructed, reconstructed or significantly altered subsequent to the date of adoption of this chapter must conform to the provisions herein. The Building Department is authorized to review, approve, approve with modifications or disapprove applications for Antenna Location Permits for Wireless Telecommunications Facilities as provided for herein. Those applications for a Wireless Telecommunications Facility that do not qualify for an Antenna Location Permit will require a Special Permit from the Town Board in accordance with this chapter. The Town Board is authorized to review, approve, approve with modifications, or disapprove all such applications for Special Permits for Wireless Telecommunications Facilities as provided for herein.

A. 

Nothing in this chapter shall be construed to exempt an applicant from the site plan review requirements described in § 70-219 of the Town Code should any proposed work at a site meet the conditions described in Subsection A of that section; provided, however, that any application for a Special Permit in accordance with this Chapter may be made simultaneously with an application for site plan review in accordance with § 70-219 of the Town Code.

B. 

All Incumbent Wireless Telecommunications Facilities without a Special Permit shall be allowed to continue in their present usage as a noncompliant use and shall be treated as a noncompliant use provided that a certificate of existing use is obtained from the Building Department. Such certificate must be renewed in accordance with the provisions set forth in § 75-5C of this chapter. Routine maintenance shall be permitted on such existing Wireless Telecommunications Facilities.

C. 

All existing Wireless Telecommunications Facilities which were constructed without obtaining the necessary permits and approvals and which do not qualify as Incumbent Wireless Telecommunications Facilities will be required to conform to the provisions of this chapter within one year following its adoption, or shall be considered in violation of this chapter and will be subject to the penalties specified in § 75-9 of this chapter.