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L o c a l L a w F i l i n g NEWYORKSTATEDEPARTMENTOFSTATE 41 STATE STREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary Texl of law should be given as amended. Do not include matter being eli^pnafcd^an£58^«t^ use italics or underlining lo indicale new malter. M^y ^ 0 miL „f Victory n^^CSj j ^ Local Law No. - I of the year 151.2004 A local law Regulation Construction and Maintenance of (Insert TuU) Telecommunication F a c i l i t i e s Be it enacted by the ofthe (Name ofLegislative Body) of yip_?.9.^.y as follows: DOS-239 (Rev. 2;98) (If additional space is needed, attach pages the same size as this sheet, and number each.) ---PAGE BREAK--- (Complete the certification In the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by iocal legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No I of ^-2.Q04 of the V i c t o o was duly passed by the Tom-Bo-axd. onrl£i>:i.L..Llr... in accordance with the applicable provisions ofiaw. (Name ofLegislative Body) 2 0 0 4 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief ExecuUve Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(\^llage) of was duly passed by the on 19 — , and was (approved)(not approved)(repassed after (Name ofLegislative Body) disapproval) by the - and was deemed duly adopled on 19—, (Elective ChiefExecutive Officer*} in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify lhal the local law annexed hereto, designated as local law No of 19 oflhe (Counly)(Cily)(Town)(\^llage) of was duly passed by the - on 19— , and was (approved)(not approved)(repassed after (Name ofLegislative Body) disapproval) by the on 19— . Such local law was submitted (Elective ChiefExecutive Officer*} to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majorily of the qualified eleciors voting thereon at the (general)(special)(annual) election held on 19.— , in accordance wilh the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the of — - was duly passed by the on 19— , and was (approved)(not approved)(repassed afler (Name of Legislative Body) disapproval) by the—- on 19—. Such local law was subject lo (Elecriv* ChiefExecutive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of— 19—- , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 oflhe City of - - having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmalive vote of a majorily of the qualified electors of such city voting thereon al the (special)(general) election held on 19—, became operative. 6. (County local law conceming adoption of Charter.) I hereby certify that the local law annexed herelo, designaled as local law No of 19 of the Counly of Stale of New York, having been submitted to the electors al the General Election of November 19—, pursuant lo subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vole of a majority of the qualified electore of the cit- ies of said county as a unil and a majority of the qualified electore of the lowns of said counly considered as a unit voting at said general election, became operative. (If any other authorized form offinal adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopled in the manner in- dicated in paragraph , above. / ] Clerk of the County legislative body, City, Town or Vi^ige-eferk or ofHcer designated by local legislative body (Seal) Date; (Certiflcation to be executed by County Attorney, Corporation Counsel, Town Attomey, Village Attorney or other authorized attomey of locality.) STATE OF NEW YORK COUNTY OF CAYUGA I, the undereigned, hereby certify that the foregoing local law contains the correcl lext and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Title Town Attorney f Victory Town Date: - ---PAGE BREAK--- THE TOWN OF VICTORY LOCAL LAW #1 OF 2004 FOR THE REGULATION CONSTRUCTION AND MAINTENANCE OF TELECOMMUNICATION FACILITIES SECTION 01 PURPOSE The purpose of t h i s Local Law i s to provide and promote health, safety, and the general welfare of the residents of the Town of Victory; to regulate and control land use and to provide standards f o r the safe provisions of telecominunications consistent with applicable Federal and State regulations; to minimize the t o t a l number of telecommunication towers i n the community by encouraging shared use of e x i s t i n g and future towers, and the use of e x i s t i n g t a l l buildings and other high structures; and to minimize adverse visual effects from telecommunication towers by requiring standards for visual impact assessment and appropriate landscaping. SECTION 02 DEFINITIONS A "Telecommunication F a c i l i t y " i s any commercial equipment used i n connection with the provision of two-way wireless communication services, including c e l l u l a r telephone services, personal communication services, and private radio communications service, regulated by the Federal Communication Commission i n accordance with the Telecommunications Act of 1996 and other Federal laws. A telecommunications f a c i l i t y shall include monopoly, guyed, on latticework tower(s), as well as antenna(s), switching stations, p r i n c i p a l and accessory telecoimnunications equipment and supporting mast, wires, structures, and buildings. SECTION 03 ZONING REQUIREMENTS FOR ERECTION OF TELECOMMUNICATION FACILITIES Telecommunication f a c i l i t i e s s h a l l be erected only upon issuance of a Special Permit by the Planning Board, pursuant to the standards stated herein. ---PAGE BREAK--- SECTION 04 SPECIAL APPROVAL REQUIRED No telecoiranunication f a c i l i t y shall be erected or modified unless and u n t i l the persons seeking to erect or modify same s h a l l : Apply f o r a special telecommunication f a c i l i t y b u i l d i n g permit from the Town of Victory Codes Enforcement Office. F i l e a s i t e plan with the Victory Planning Board. The Town of Victory Planning Board may require additional information, such as l i n e - o f - s i g h t drawings, detailed elevation maps, visual simulations, before and a f t e r renderings, and alternate tower designs to more c l e a r l y i d e n t i f y adverse impacts f o r the purpose of t h e i r m i t i g a t i o n . The Planning Board w i l l have 60 days, upon receipt of a l l documents required, to approve or disapprove the application. SECTION 05 GENERAL CRITERIA No special permit or renewal thereof or modification of a current special approval r e l a t i n g to a telecommunication f a c i l i t y shall be granted by the Planning Board unless i t finds that such telecommunication f a c i l i t y : i s necessary to meet current or reasonable expected demands f o r services; and conforms with a l l Federal and State laws and a l l applicable rules or regulations promulgated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), or any other Federal agencies having j u r i s d i c t i o n ; and i s considered a public u t i l i t y i n the State of New York; and i s sited, designed and constructed i n a manner which minimize: visual impact to the extent p r a c t i c a l and adverse impacts upon migratory birds and other w i l d l i f e and; complies with a l l other requirements of t h i s law. ---PAGE BREAK--- unless expressly superseded herein; and i s the most appropriate s i t e among those available w i t h i n the technically feasible area for the location of a telecommunication f a c i l i t y ; and when including the construction of a tower, such tower i s designed to accommodate future shared use by at least two other telecommunication service providers. Any subsequent location of telecommunication equipment by other service providers on s p e c i f i c a l l y designed for shared use towers shall not require a new or modified special permit i f there would be no increase i n the height of the tower. However, the additional equipment w i l l require s i t e plan review. The Town of Victory, at the expense of the applicant, may employ i t s own consulting assistance to examine the application and related documentation and make recommendations as to whether the c r i t e r i a for granting the special approval have been met, including whether the applicant's conclusions regarding need, location, safety analysis, visual analysis, and s t r u c t u r a l inspection, are v a l i d and supported by generally accepted and r e l i a b l e engineering and technical data and standards, SECTION 06 CO-LOCATION The shared use of e x i s t i n g telecommunication f a c i l i t i e s or other structures shall be preferred to the construction of new f a c i l i t i e s . Any special approval application, renewal or modification thereof s h a l l include proof that reasonable e f f o r t s have been made to co-locate w i t h i n an e x i s t i n g telecommunication f a c i l i t y or upon an e x i s t i n g structure. The application shall include an adequate inventory report specifying e x i s t i n g telecommunication f a c i l i t y s i t e s . The inventory report shall contain an evaluation of opportunities for shared use as an a l t e r n a t i v e to the proposed location. The applicant must demonstrate that the proposed telecommunication f a c i l i t y cannot be accommodated on an e x i s t i n g telecommunication f a c i l i t y s i t e i n the inventory due to one or more of the following reasons: ---PAGE BREAK--- the planned equipment would exceed the s t r u c t u r a l capacity of an e x i s t i n g and approved telecommunication f a c i l i t y or other structure, considering e x i s t i n g and reasonably anticipated future use f o r those f a c i l i t i e s or structures; the planned equipment would cause radio frequency interference with other e x i s t i n g or planned equipment, which cannot be reasonably prevented; e x i s t i n g and approved telecommunication f a c i l i t y or other structures do not have space and cannot be modified to provide space on which the proposed equipment can be placed so i t can function e f f e c t i v e l y and reasonably; other technical reasons make i t impracticable to place the equipment proposed by the applicant on e x i s t i n g f a c i l i t i e s or structures; the owner of the e x i s t i n g telecommunication f a c i l i t y or other structure refused to allow such co-location. SECTION 07 DIMENSIONAL STANDARDS A f a l l zone around any tower constructed as part of a telecommunication f a c i l i t y must have a radius at least equal to the height of the tower and any attached antennas. The entire f a l l zone may not include public roads and must be located on property either owned or leased by the applicant or f o r which the applicant has obtained an easement, and may not, except as set f o r t h below, contain any structure other than those associated with the telecommunication f a c i l i t y . I f the f a c i l i t y i s attached to an e x i s t i n g structure, r e l i e f may be granted by a new variance by the Zoning Board of Appeals on a case by case basis i f i t i s determined by such board a f t e r submission of competent evidence. The board may impose any conditions reasonably necessary to protect the public or other property from p o t e n t i a l i n j u r y . ---PAGE BREAK--- A l l telecommunication f a c i l i t i e s shall comply with the setback, frontage, minimum l o t size and the f a l l zone requirements of t h i s A r t i c l e . To the extent there i s a c o n f l i c t , the more r e s t r i c t i v e provision shall govern. The size of the leased or owned l o t shall be, at a minimum, s u f f i c i e n t l y large t o include the entire f a l l zone. A l l l o t s leased or owned f o r the purpose of construction of a tower as part of a telecommunication f a c i l i t y shall conform, at a minimum, to the l o t size requirements of the size of l o t necessary to encompass the entire f a l l zone, whichever requirement results i n a larger l o t . Notwithstanding provisions to the contrary of any other A r t i c l e of t h i s Law, the f r o n t , side, and rear yard requirements i n which a telecommunication f a c i l i t y i s erected shall apply not only to a tower, but also to a l l tower parts including guy wires and anchors, and to any accessory buildings. SECTION 08 LIGHTING AND MARKING Towers shall not be a r t i f i c i a l l y l i g h t e d and marked beyond the requirements of the FAA. Notwithstanding the preceding paragraph, an applicant may be required to i n s t a l l additional l i g h t i n g and marking, even i f not required by FAA, i f i n the judgment of the Planning Board, such a requirement would be of d i r e c t benefit to public safety and would not unduly adversely a f f e c t residents of any surrounding property. SECTION 09 APPEARANCE AND BUFFERING The use of any portion of a telecommunication f a c i l i t y f o r signs, promotional or advertising purposes, including but not l i m i t e d to company name, phone numbers, banners, streamers, and balloons i s prohibited. ---PAGE BREAK--- The f a c i l i t y s h a l l have the least p r a c t i c a l visual e f f e c t on the environment as determined by the Planning Board. Any tower that i s not subject to FAA marking as set f o r t h above s h a l l otherwise: 1. have a galvanized f i n i s h , or s h a l l be painted gray above the surrounding tree l i n e and gray or green below the tree l i n e , as deemed appropriate by the Planning Board, or 2. be disguised or camouflaged to blend i n with the surroundings, to the extent that such a l t e r a t i o n does not impair the a b i l i t y of the f a c i l i t y to perform i t s designed function. Accessory structures s h a l l maximize the use of b u i l d i n g materials, colors, and textures designed to blend i n with the natural surroundings. Equipment on vehicles not used i n d i r e c t support, renovations or repairs of any telecommunication f a c i l i t y s h a l l not be stored or parked on the f a c i l i t y s i t e . Screening-deciduous or evergreen tree planting shall be required to screen portions of the tower from nearby r e s i d e n t i a l property as well as from public sites known to include important views or v i s t a s . Where the s i t e abuts r e s i d e n t i a l or public or private property, including streets, the following vegetative screening s h a l l be required: 1. For a l i towers, at least one row of native evergreen shrubs or trees forming a continuous hedge at least ten feet i n height at the time of planting to e f f e c t i v e l y screen the tower base and accessory f a c i l i t i e s . In case of poor s o i l conditions, planting may be required on s o i l berms to assume plant s u r v i v a l . Plant height i n these cases s h a l l include the height of the berm. ---PAGE BREAK--- SECTION 10 ACCESS AND PARKING Access ways s h a l l make maximum use of e x i s t i n g p u b l i c or p r i v a t e roads t o the extent p r a c t i c a b l e . New access ways on roads constructed s o l e l y f o r telecommunication f a c i l i t i e s must meet w i t h g u i d e l i n e s set by the Town o f V i c t o r y Highway Dept. Parking areas s h a l l be s u f f i c i e n t t o accoiranodate the usual number o f service v e h i c l e s expected on the premises a t any one time. Space o f f o f p u b l i c highways s h a l l be provided (not n e c e s s a r i l y i n p a r k i n g areas) t o accommodate the g r e a t e s t number of s e r v i c e v e h i c l e s expected on the premises, a t any one time. Driveways or p a r k i n g areas s h a l l provide adequate i n t e r i o r turn-around, such t h a t s e r v i c e v e h i c l e s w i l l not have t o back out onto a p u b l i c thoroughfare. SECTION 11 SECURITY Towers, anchor p o i n t s o f guyed towers, and accessory s t r u c t u r e s s h a l l each be surrounded by f e n c i n g a t l e a s t f t . i n h e i g h t , the t o p f o o t of which may, a t the d i s c r e t i o n o f the Planning Board i n deference t o t h e character o f t h e neighborhood, be comprised o f chain l i n k fence t o discourage unauthorized access t o the s i t e . The Planning Board may waive the requirement o f f e n c i n g i f , i n i t s d i s c r e t i o n , i t determines t h a t other forms o f s e c u r i t y are adequate, or t h a t , by reason o f l o c a t i o n or occupancy, s e c u r i t y w i l l not be s i g n i f i c a n t l y compromised by the omission, or fencing. M o t i o n - a c t i v a t e d or s t a f f - a c t i v a t e d s e c u r i t y l i g h t i n g around the base o f a tower or accessory s t r u c t u r e entrance may be provided i f such l i g h t i n g does not p r o j e c t o f f the s i t e . Such l i g h t i n g should only occur when the area w i t h i n the fenced perimeter has been entered. ---PAGE BREAK--- There s h a l l be no permanent c l i m b i n g pegs w i t h i n f i f t e e n (15) f e e t o f the ground o f any tower, A locked gate a t the j u n c t i o n of the access way and a p u b l i c thoroughfare may be r e q u i r e d t o o b s t r u c t e n t r y by unauthorized v e h i c l e s . Such gate must not protrude i n t o the p u b l i c r i g h t - o f - way. There s h a l l be a s e c u r i t y alarm system which i s l i n k e d t o e i t h e r a l o c a l caretaker, approved by the Board's reviewing the a p p l i c a t i o n , or a l o c a l p o l i c e agency. SECTION 12 ENGINEERING AND MAINTENANCE S i t e plans f o r a l l telecommunication f a c i l i t i e s must bear the seal o f a p r o f e s s i o n a l engineer l i c e n s e d t o p r a c t i c e i n the State o f New York. Every f a c i l i t y s h a l l be b u i l t , operated and maintained t o acceptable i n d u s t r y standards, i n c l u d i n g but not l i m i t e d t o the most recent, a p p l i c a b l e standards o f the I n s t i t u t e o f E l e c t r i c and E l e c t r o n i c Engineers (IEEE) and the American N a t i o n a l Standards I n s t i t u t e (ANSI). Every f a c i l i t y s h a l l be inspected a t l e a s t every f i f t h year f o r s t r u c t u r a l i n t e g r i t y by a NYS l i c e n s e d engineer. A copy o f the i n s p e c t i o n r e p o r t s h a l l be submitted t o the Codes Enforcement O f f i c e r . TUiy unsafe c o n d i t i o n revealed by such r e p o r t s h a l l be c o r r e c t e d w i t h i n ten days o f n o t i f i c a t i o n o f same t o the record landowner on which the f a c i l i t y i s constructed. The time p e r i o d f o r c o r r e c t i o n may, on a p p l i c a t i o n o f the landowner or owner o f the f a c i l i t y , be extended by the Planning Board i f i t i s i m p r a c t i c a b l e t o complete the c o r r e c t i o n w i t h i n s a i d t e n days, and i f there i s no imminent danger t o l i f e , limb, or other person's p r o p e r t y . I f the unsafe c o n d i t i o n i s not c o r r e c t e d w i t h i n the a p p l i c a b l e time p e r i o d , or i f the r e q u i r e d i n s p e c t i o n i s not provided t o the town, the s p e c i a l permit f o r c o n s t r u c t i o n o f the f a c i l i t y may, a f t e r a hearing by the Town Planning Board on a t l e a s t t e n days p r i o r n o t i c e t o the owner o f record given by c e r t i f i e d m a i l , r e t u r n r e c e i p t requested, or other e q u a l l y e f f e c t i v e manner o f p r o v i d i n g n o t i c e , be ---PAGE BREAK--- revoked by such board. Revocation may occur only i f the Planning Board finds either that the required inspection has not been provided or that there i s an unsafe condition which poses a r i s k of bodily i n j u r y or s i g n i f i c a n t property damage. Upon such revocation, the f a c i l i t y s h a l l be removed or dismantled to the point of removing a l l unsafe conditions. SECTION 13 REMOVAL At the time of submittal of the application for a special permit for a telecommunication f a c i l i t y , the applicant s h a l l submit an agreement to remove, w i t h i n 90 days, a l l antennas, driveways, structures, buildings, equipment sheds, l i g h t i n g u t i l i t i e s , fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use w i t h i n a telecommunications f a c i l i t y i f such f a c i l i t y becomes technologically obsolete or ceases to perform i t s o r i g i n a l l y intended function for more than six consecutive months. Upon removal of said f a c i l i t y , the land s h a l l be restored to i t s pervious condition, including but not l i m i t e d to the seeding of exposed s o i l s . At the time of obtaining a b u i l d i n g permit, the applicant must provide a f i n a n c i a l security bond for removal of the telecommunication f a c i l i t y and property restoration, with the municipality as the assignee, i n an amount approved by the Planning Board, but not less than f o r t y thousand ($40,000) d o l l a r s . At times of modification of the special permit, the Planning Board may adjust the required amount of the f i n a n c i a l security bond to adequately cover increases i n the cost of removal of the telecommunication f a c i l i t y and property restoration, ---PAGE BREAK--- SECTION 14 APPLICATION The a p p l i c a t i o n f o r a s p e c i a l permit f o r the c o n s t r u c t i o n o f a telecommunication f a c i l i t y s h a l l i n c l u d e , w i t h o u t a l t e r i n g any other a p p l i c a t i o n requirements set f o r t h i n t h i s A r t i c l e or elsewhere i n t h i s Law; A completed p r o j e c t a p p l i c a t i o n i n such d e t a i l and c o n t a i n i n g such i n f o r m a t i o n as the Town Planning Board may r e q u i r e , Proof o f w r i t t e n n o t i c e o f the a p p l i c a t i o n t o a l l p r o p e r t y owners w i t h i n 1000 f e e t o f the f a l l zone. Compliance w i t h the State Environmental Q u a l i t y Review (SEQR) A c t . S i t e p l a n i n accordance w i t h the s i t e p l a n requirements o f t h i s s e c t i o n i n c l u d i n g , w i t h o u t l i m i t a t i o n : 1. The exact l o c a t i o n i n c l u d i n g geographic coordinates o f the proposed telecommunication f a c i l i t y i n c l u d i n g any towers, guy wires and anchors, i f a p p l i c a b l e ; 2. The maximum height o f the proposed f a c i l i t y , i n c l u d i n g a l l appurtenances; 3. A d e t a i l o f tower type, i f any, i n c l u d i n g engineering drawings from the tower manufacturer (monopoly, guyed, f r e e - s t a n d i n g , or o t h e r ) ; 4. The l o c a t i o n , type and i n t e n s i t y o f any l i g h t i n g on the tower; 5. Property boundaries and names o f a l l adjacent landowners; 6. Proof o f the landowner's consent t o the e r e c t i o n o f the f a c i l i t y and agreement t o abide by the terms o f any s p e c i a l permit issued i f the a p p l i c a n t i s not the landowner; 10 ---PAGE BREAK--- 7. The location of a l l other structures on the property and a l l structures on any adjacent property w i t h i n one hundred feet of the property l i n e s , together with the distance of these structures from any proposed tower; 8. The location, nature and extent of any proposed fencing, landscaping and screening; 9. The location and nature of any proposed u t i l i t y easements and access roads or driveways; and 10. Description and d e t a i l concerning a l l electronic security measures. A f f i r m a t i v e statement, sworn to under penalty of perjury, that the applicant w i l l negotiate i n good f a i t h with any subsequent applicant seeking to co-locate a telecommunication f a c i l i t y on the i n i t i a l applicant's structures. This agreement shall commit the i n i t i a l applicant and landowner and t h e i r respective successors i n i n t e r e s t to: 1. Respond i n a timely, comprehensive manner to a request for information from a p o t e n t i a l shared-use applicant; 2. Negotiate i n good f a i t h for shared use by t h i r d p a r t i e s ; 3. Allow shared use i f an applicant agrees i n w r i t i n g to pay reasonable charges for same; and 4. Make no more than a reasonable charge f o r shared use, based upon generally accepted accounting p r i n c i p l e s . The charge may include but i s not l i m i t e d to a pro rate share of the cost of s i t e selection, planning, project administration, land cost, s i t e design, construction and maintenance, financing, return on equity, and depreciation, and a l l of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference or causing uses on the s i t e to emit electromagnetic r a d i a t i o n i n excess of levels permitted by the FCC, 11 ---PAGE BREAK--- The agreement f o r removal o f the f a c i l i t y r e f e r r e d t o above. A l i s t o f the names, addresses, and telephone numbers o f a l l users l o c a t e d , or proposed t o be co-located, on the f a c i l i t y . Copies o f a l l documents submitted t o the FCC or any other governmental agency having j u r i s d i c t i o n . Documents a u t h o r i z i n g the FCC t o release i n f o r m a t i o n t o the Town o f V i c t o r y f o r c o n f i r m a t i o n o f the c o n t i n u i n g use o f the f a c i l i t y by the owner and co-located users and the owner's and other user's a u t h o r i t y t o use and m a i n t a i n the f a c i l i t y . Any a p p l i c a t i o n or other fees, i n c l u d i n g any deposits r e q u i r e d by the Town f o r a p p l i c a t i o n t o the costs o f any consultants r e t a i n e d by the Town as provided above. An a p p l i c a t i o n fee as e s t a b l i s h e d by r e s o l u t i o n of the Town Board o f the Town o f V i c t o r y . SECTION 15 SPECIAL PERMITS Upon the approval o f the a p p l i c a t i o n by the Planning Board, a s p e c i a l permit s h a l l be issued to the a p p l i c a n t , a l l o w i n g c o n s t r u c t i o n and maintenance o f the telecommunication f a c i l i t y f o r a term o f f i v e years, The s p e c i a l permit s h a l l not be assignable or t r a n s f e r a b l e . I n the event t h a t an a p p l i c a n t t h a t has received a s p e c i a l permit wants t o t r a n s f e r i t s telecommunication f a c i l i t y t o another person or e n t i t y , the new person or e n t i t y must make an a p p l i c a t i o n f o r s p e c i a l permit pursuant t o t h i s l o c a l law. A s p e c i a l permit may be renewed as s e t f o r t h i n Section 16 below. Each renewal permit s h a l l allow use and maintenance o f the telecommunication f a c i l i t y f o r a term o f f i v e years. I n the event o f a t r a n s f e r o f ownership o f the telecommunication f a c i l i t y , the proposed new owner may apply f o r a s p e c i a l permit f o l l o w i n g the "renewal" p r o v i s i o n s set f o r t h a t Section 16. 12 ---PAGE BREAK--- SECTION 16 RENEWALS Any person or e n t i t y t h a t owns or operates a telecommunication f a c i l i t y pursuant t o a s p e c i a l permit issued under t h i s l o c a l law may make a p p l i c a t i o n f o r renewal o f t h a t s p e c i a l permit by a p p l i c a t i o n t o the Planning Board. An a p p l i c a t i o n f o r renewal o f a s p e c i a l permit s h a l l be made no more than twelve months, but no less than s i x months, before the e x p i r a t i o n o f the e x i s t i n g s p e c i a l p e r m i t . An a p p l i c a t i o n f o r renewal o f a s p e c i a l permit s h a l l not be approved unless the Planning Board f i n d s t h a t the general c r i t e r i a requirements s e t f o r t h i n Sections 4 through 11 o f t h i s l o c a l law have been met, or are c o n t i n u i n g t o be met by the telecommunication f a c i l i t y . I n a d d i t i o n , the a p p l i c a t i o n f o r renewal o f a s p e c i a l permit must include a copy o f the engineer's s t r u c t u r a l i n t e g r i t y r e p o r t r e q u i r e d by s u b d i v i s i o n B o f Section 12 h e r e i n , An a p p l i c a t i o n f o r renewal of a s p e c i a l permit can be made upon the a p p l i c a n t ' s o r i g i n a l a p p l i c a t i o n f o r approval, w i t h n o t a t i o n s as t o which aspects o f those a p p l i c a t i o n m a t e r i a l s remain unchanged, and which aspects o f those a p p l i c a t i o n m a t e r i a l s have changed. A l l changes i n the a p p l i c a t i o n f o r renewal i n f o r m a t i o n s h a l l be h i g h l i g h t e d and d e t a i l e d by the a p p l i c a n t . The a p p l i c a t i o n f o r renewal o f a s p e c i a l permit must be accompanied by a f i l i n g / l i c e n s i n g fee as e s t a b l i s h e d by r e s o l u t i o n o f the Town Board o f the Town o f V i c t o r y . SECTION 17 MISCELLANEOUS Any s p e c i a l permit granted hereunder s h a l l be v a l i d only f o r the dimensions and number o f s t r u c t u r e s f o r the telecommunication f a c i l i t y contained i n o r i g i n a l a p p l i c a t i o n as so approved. Any subsequent changes or m o d i f i c a t i o n s s h a l l r e q u i r e a new a p p l i c a t i o n . The g r a n t i n g o f the s p e c i a l approval permit does 13 ---PAGE BREAK--- not r e l i e v e a p p l i c a n t o f any other. State, Federal, or Cayuga County permits t h a t may be r e q u i r e d . SECTION 18 PENALTIES A. Any person, f i r m , c o r p o r a t i o n or other e n t i t y who s h a l l v i o l a t e any o f the p r o v i s i o n s o f t h i s Local Law s h a l l be g u i l t y o f a v i o l a t i o n and upon c o n v i c t i o n t h e r e o f , s h a l l be subject t o a f i n e not t o exceed $250.00 or imprisonment not t o exceed 15 days or both. Each day d u r i n g or on which a v i o l a t i o n o f t h i s Local Law s h a l l occur or continue s h a l l be deemed a separate and d i s t i n c t offense. B. On c o n v i c t i o n f o r any v i o l a t i o n o f t h i s Local Law any s p e c i a l permit issued hereunder may be revoked by the Planning Board o f the Town o f V i c t o r y . C. I n a d d i t i o n t o the above p e n a l t i e s , the Town o f V i c t o r y may also maintain an a c t i o n or proceeding i n the name of the Town i n a c o u r t o f competent j u r i s d i c t i o n t o compel compliance w i t h or t o r e s t r a i n by i n j u n c t i o n any offense against any p r o v i s i o n o f t h i s Local Law. SECTION 19 REPEAL OF PRIOR LAWS A l l Local Laws p r e v i o u s l y adopted regarding the r e g u l a t i o n , c o n s t r u c t i o n and maintenance o f telecommunication f a c i l i t i e s are hereby repealed. SECTION 2 0 EFFECTIVE DATE This Local Law s h a l l become e f f e c t i v e immediately upon f i l i n g w i t h the New York Secretary o f State. 14