[HISTORY: Adopted by the Town Board of the
Town of Haverstraw 6-22-1998 by L.L. No. 13-1998. Amendments noted
where applicable.]
This chapter shall be cited and may be referred
to hereinafter as the "Wireless Communication Facilities Law of the
Town of Haverstraw."
A.
The purpose of this chapter is to provide the Town
of Haverstraw the authority to accommodate and regulate necessary
utility infrastructure for the provision of wireless communication
facilities within the town, to encourage the siting of wireless communication
facilities predominantly in nonresidential areas on existing structures,
to address the safety, visual and aesthetic aspects of wireless communication
facilities, and to provide for public input in the process of siting
wireless communication antenna towers and related facilities.
B.
The Town Board finds that the regulation of wireless
communication facilities is necessary to protect the predominantly
suburban residential character of the town and the property values
of the community. Such regulation is needed to protect schools, public
parks and open space, churches, playgrounds, historic districts and
historic sites and structures; to preserve scenic areas; to minimize
aesthetic impacts; to preserve the health and safety of residents;
and to respect the need of wireless communication service providers
to relay signals without electronic interference from other service
providers' operations, while not unreasonably limiting competition
amongst them.
C.
The Town Board declares that the protection of residential
areas of the town is of paramount importance and that any local regulations
of wireless communication facilities must furnish all possible protection
for residential areas, and further declares that the provisions of
this chapter are to be interpreted to favor protection of residential
areas. The Planning Board shall, before issuing a special permit for
a wireless communication facility in a residency zoned area, satisfy
itself that all other alternatives have been exhausted.
D.
Wherever feasible and practicable, consolidations,
shared use and collocation of antenna and antenna-mounting structures
is preferred to the construction of new facilities.
E.
These regulations are not intended to prohibit or
have the effect of prohibiting the provision of personal wireless
service, nor shall they be used to discriminate among providers of
functionally equivalent services consistent with federal regulations.
A.
For the purpose of this chapter certain rules of word
usage apply to the text, as follows:
(1)
Words used in the present tense include the future
tense and the singular includes the plural, unless the context clearly
indicates the contrary.
(2)
The term "shall" is always mandatory and not discretionary;
the word "may" is permissive.
(3)
A word or term not interpreted or defined by this
section shall be used with a meaning of common or standard utilization.
B.
ANSI
ANTENNA, WIRELESS COMMUNICATION
COLLOCATION
CONTROLLED ENVIRONMENT
FAA
FCC
FREQUENCY
HEIGHT
HISTORIC DISTRICTS, SITES AND STRUCTURES
NIER (NONIONIZING ELECTROMAGNETIC RADIATION)
RF
SCENIC AREAS
WIRELESS COMMUNICATION FACILITIES
The following definitions shall apply in the interpretation
and enforcement of this chapter, unless otherwise specifically stated:
American National Standards Institute.
Any device, including the supporting structure and all related
appurtenances, used for the transmission and reception of radio waves
as part of wireless two-way communications.
The mounting of wireless communication antennas used by two
or more competing providers on the same antenna support structure,
monopole or antenna tower.
An area surrounding a roof-mounted antenna in which the RF
field levels would exceed or equal applicable federal or state standards.
The Federal Aviation Administration.
The Federal Communications Commission.
The number of sinusoidal cycles made by electromagnetic radiation
in one second, usually expressed in units of hertz (Hz).
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any locations designated by municipal, county, state or federal
agencies as having significance as a historic district, site or structure.
Electromagnetic radiation of such frequency that the energy
of radiation does not dissociate electrons from their constituent
atoms when an atom absorbs the electromagnetic radiation.
Radio frequency.
Any area with a defined boundary and designated by municipal,
county, state or federal agencies as having scenic significance.
Any facility for the receiving or transmitting of wireless
signals for commercial purposes, such as cellular telephone services,
personal communications services (PCS), fleet communication systems
and similar commercial facilities, whether operated in support of
another business activity or available for the transmission of signals
on a sale or rental basis. As used herein, the term shall include
necessary equipment buildings as well as towers, monopoles and antenna.
A.
All proposals to provide or operate wireless communication
facilities shall be accompanied by a facility service plan, which
shall include all the information necessary to allow the Planning
Board to understand the existing, proposed and long-range plans of
the applicant. The facility service plan shall include at least the
following information:
(1)
The location, height and operating characteristics
of all existing facilities of the applicant in and immediately adjacent
to the town.
(2)
A short- and long-term plan for the provision of additional
facilities in and immediately adjacent to the town, indicating whether
each proposed facility is for initial coverage or capacity building
purposes, showing proposed general locations or areas in which additional
facilities are expected to be needed. Subsequent applications will
confirm or modify the facility service plan, so that the Planning
Board may be kept up-to-date on future activities.
(3)
A commitment to collocate or allow collocation wherever
possible on all existing and proposed facilities.
B.
All proposed antenna and all proposed antenna towers
in all zoning districts are subject to the issuance of a special permit
by the Planning Board.
C.
As authorized by the Town Board, the Planning Board
may issue a special permit under the provisions of this chapter subject
to all of the special requirements and conditions herein and any requirements
which may be made a part hereof. Every special permit shall also conform
to all special findings that are specified herein, or that the Planning
Board shall deem appropriate.
D.
Applications to the Planning Board for a special permit
under this chapter shall be accompanied by a fee of $250, plus postage
charges, to defray the cost of processing the review of the application.
The applicant shall also be required to provide funds to an escrow
account to allow the Planning Board to retain such technical experts
involving radio frequency or other technical matters as may be necessary
to review the proposal, provided that no funds shall be deposited
until a scope of work is agreed upon among the applicant, the expert
and the Board.
E.
Prior to or concurrent with the filing of a formal
application to the Planning Board to obtain a special permit under
this chapter, the applicant shall submit information needed to meet
the requirements of the New York State Environmental Quality Review
Act (SEQR) to the Town Engineer acting as Environmental Officer to
the Planning Board, who will make recommendations to the Planning
Board, which Board shall determine whether the requirements of SEQR
have been met. The Planning Board may hold a joint public hearing
under the provisions of SEQR and this chapter whenever practicable.
In the event that a final SEQR determination has not been made, no
application for a special permit under this chapter shall be granted.
F.
The Planning Board shall hold a public hearing on
due notice within 62 days after submission of a fully completed application,
as determined by the Board, including such technical information from
the applicant as may be required by the Planning Board for a special
permit under the provisions of this chapter.
(1)
Notice of the public hearing shall be by publication
in the official newspaper of the town at least 10 days in advance
of the hearing.
(2)
The hearing notice shall indicate that the application
may be examined and further information is available from the Planning
Board office during regular business hours.
(3)
Copies of the publication order shall be mailed by
the applicant to the owners of property within 500 feet of the property
which is the subject of the application, and an affidavit of service
thereof shall be filed with the Planning Board due on or before the
date of the hearing.
(4)
The Planning Board may approve, approve with conditions
or disapprove the application for a special permit under the provisions
of this chapter within 62 days after a public hearing.
(5)
The decision shall be made at a meeting of the Planning
Board with a quorum present and not less than a majority of the total
membership voting "aye" on the resolution.
(6)
In the event that the Rockland County Planning Commissioner
has recommended against the application or imposed conditions, the
Planning Board may approve the application for a special permit pursuant
to the requirements of § 239-m of the General Municipal
Law.
(7)
The period in which the Board may take action may
be extended with the consent of the applicant.
G.
In the case of an application for approval of a wireless
communication facility to be located on lands owned by a party other
than the applicant, a copy of the lease agreement with the property
owner, together with any subsequent modifications thereof, shall be
provided to the Planning Board. However, notwithstanding the foregoing,
applications involving more than one installation to be owned separately
shall be made by the owner of the site in question.
A.
For all proposed wireless communication facilities,
the following information shall be provided:
(1)
Name and address of the property owner and the applicant.
(2)
Address and tax map designation of the property.
(3)
Zoning district in which the property is situated.
(4)
Name and address of the person preparing the plan.
(5)
Size of the property and the location of all lot lines.
(6)
Approximate location of the nearest residential structures.
(7)
Approximate location of the nearest occupied structures.
(8)
Location of all existing and proposed structures on
the property which is the subject of the application.
(9)
Location, size and height of all proposed and existing
towers and antennas and all appurtenant structures on the property.
(10)
Type, size and location of all proposed landscaping,
including specific landscape materials.
(11)
Method of fencing proposed, and illumination
of facilities, if applicable.
(12)
A signed and sealed report by a New York State
licensed professional engineer documenting compliance with applicable
structural standards and describing the general structural capacity
of any proposed installation.
(13)
The number and type of antennas proposed.
(14)
A description of the proposed towers and antennas
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials, color and lighting.
(15)
A description of the antenna's function and
purposes.
(16)
The make, model and manufacturer of the antenna.
(17)
The frequency, modulation and class of service.
(18)
Transmission and maximum effective related power.
(19)
Direction of maximum lobes and associated radiation
and compliance with FCC regulations.
(20)
Consent to allow additional antennas (for purposes
of collocating) on any new or existing antenna towers.
For all proposed wireless communication facilities,
the following requirements are applicable:
A.
For proposed sites within 100 feet of other sources
of radio frequency (RF) energy, emanating from other wireless communication
facilities, the applicant shall provide an estimate of the maximum
total exposure from all nearby stationary sources and a comparison
with relevant standards. This assessment shall include individual
and ambient levels of exposure. It shall not include residentially
based facilities, such as cordless telephones.
B.
All antennas shall be identified with signs not to
exceed six square feet listing the owner or operator's name and emergency
telephone number, and shall be posted in a conspicuous place. No signs
shall be allowed on antennas or supporting structures.
C.
New antennas may not be sited within 500 feet of any
existing antenna. This restriction does not apply to the siting of
new antennas at an existing site.
D.
No source of nonionizing electromagnetic radiation
(NIER), including facilities operational before the effective date
of this chapter, shall exceed the federal or state NIER emission standards.
E.
New antennas and supporting towers shall be designed
to accommodate additional antennas for purposes of collocating.
F.
Noise-producing equipment shall be sited and/or insulated
to prevent any measurable increase in noise as measured at the property
line.
For roof-mounted antennas, collocated or other
situations in which public exposure to radio frequency (RF) is likely,
the application shall include:
A.
An assessment of potential public exposure to RF energy
from the proposed facility, indicating the facility's compliance with
applicable federal or state standards. The applicant shall identify
the maximum exposure level, the locations at which this occurs and
the estimated RF levels at specific locations of community interest,
such as schools, residences or commercial buildings. Assumptions used
in the calculations shall be stated, including building heights and
topography.
B.
A multiple-source exposure-impact assessment shall
be prepared if the wireless communication facility is to be situated
on the same site as existing facilities, such as a tower or roof.
C.
Evidence that the maximum exposure to the general
public will not exceed federal or state standards.
D.
An identification of rooftop areas to which the public
may have access. The exposure in these areas shall be in compliance
with the standards established by any federal or state agencies.
E.
An identification of how much of the roof, if any,
should be designated a controlled environment, due to RF field levels
in accordance with the applicable federal or state standards.
F.
Notification of the building management if any portion
of the roof needs to be identified as a controlled environment, due
to RF levels in excess of the guidelines in the applicable federal
or state standards.
[Amended 2-8-1999 by L.L. No. 1-1999[1]]
Requirements applicable to residential roof-mounted
antennas shall be as follows:
A.
Antennas shall not be placed more than 10 feet higher
than the height limitation for buildings and structures within the
zoning district in which the antenna is proposed to be erected.
B.
Antennas may be set back from the outer edge of the
roof, or such antennas may be attached directly to the roof parapet
wall, whichever, in the Planning Board's opinion, will have the minimal
visual impact while achieving signal coverage requirements.
C.
If the Planning Board requests, antennas shall be
the same color as the predominant color of the exterior of the top
floor or parapet of the building.
[1]
Editor's Note: This local law provided that
it shall take effect 2-16-1999.
A.
The applicant shall demonstrate to the satisfaction
of the Planning Board that there exists no tower on which the antenna
may collocate, or collocation is not feasible for any of the following
reasons:
(1)
The applicant has been unable to come to a reasonable
agreement to collocate on another tower. The names, addresses, phone
and fax numbers of other service providers approached shall be provided,
accompanied by a written statement as to the reason an agreement could
not be reached.
(2)
The antenna will not unreasonably interfere with the
view of or from any public park, designated scenic area or historic
district, site or structure.
(3)
The radio, television, telephone or reception of similar
signals for nearby properties will not be disturbed or diminished.
(4)
The applicant's network of existing antenna locations
is not adequate to serve its customers properly, and the use of existing
facilities of other entities is not suitable for physical reasons.
(5)
Adequate and reliable service cannot be provided from
existing sites in a financially and technologically feasible manner
consistent with the service provider's system requirements.
(6)
Existing sites cannot accommodate the proposed antenna
due to structural or other engineering limitations (e.g., frequency
incompatibilities).
(7)
For proposed monopole or tower facilities, a report
by a New York State licensed professional engineer specializing in
structural engineering, certifying that the proposed sign is structurally
sound.
B.
Any application for the approval of a special permit
for a wireless communication facility shall include a report by a
qualified radio frequency engineer, health physicist or other qualified
professional as determined by the Planning Board, which calculates
the maximum amount of nonionizing electromagnetic radiation (NIER)
which will be emitted from the proposed wireless communication facility
upon its installation, and demonstrates that the facility will comply
with the applicable federal and state standards.
A.
All applicants for wireless communication antennas
in any district shall submit calculations of the estimated NIER output
of the antenna(s) to the Planning Board at the time of making the
application for special permit. NIER levels shall be measured and
calculated as follows:
(1)
Measuring equipment used shall be generally recognized
by the Environmental Protection Agency (EPA), National Council on
Radiation Protection and Measurement (NCRPM), American National Standards
Institute (ANSI) or National Bureau of Standards (NBS) as suitable
for measuring NIER at frequencies and power levels of the proposed
and existing sources of NIER.
(2)
Measuring equipment shall be calibrated as recommended
by the manufacturer in accordance with methods used by the NBS and
ANSI, whichever has the most current standard.
(3)
The effect of contributing individual sources of NIER
within the frequency range of a broadband measuring instrument may
be specified by separate measurement of these sources using a narrowband
measuring instrument.
(4)
Nonionizing electromagnetic radiation measurements
shall be taken based on maximum equipment output. Nonionizing electromagnetic
radiation measurements shall be taken or calculated when and where
NIER levels are expected to be highest due to operating and environmental
conditions.
(5)
Nonionizing electromagnetic radiation measurements
shall be taken or calculated along the property lines at an elevation
six feet above grade at such locations where NIER levels are expected
to be highest and at the closest occupied structure.
(6)
Nonizoning electrocmagnetic radiation measurements
shall be taken or calculated following spatial averaging procedures
generally recognized and used by experts in the field of RF measurement
or other procedures recognized by the FCC, EPA, NCRPM, ANSI and NBS.
(7)
Nonionizing electromagnetic radiation calculations
shall be consistent with the FCC, Office of Science and Technology
(OST) Bulletin 65 or other engineering practices recognized by the
EPA, NCRPM, ANSI, NBS or a similarly qualified organization.
(8)
Measurements and calculations shall be certified by
a New York State licensed professional engineer, health physicist
or a radio frequency engineer. The measurements and calculations shall
be accompanied by an explanation of the protocol, methods and assumptions
used.
B.
If the standards of any federal or state agency are
exceeded at the location of the proposed transmitting antenna, the
proposed facility shall not be permitted.
A.
Upon special permit approval by the Planning Board,
and installation, the owner and/or operator of the antenna shall perform
an actual NIER level reading as set forth above, and shall submit
the results of the test to the Town of Haverstraw Engineering Department
and/or special consulting engineer retained by the Planning Board
within 90 days of initially operating the antenna system, and annually
thereafter. The owner or operator shall provide a report from a qualified
professional who shall that the installation does not expose the general
public to NIER standards in excess of those of any federal or state
agency regulating RF energy.
B.
The town may provide for the measurement of NIER levels
on its own initiative, as necessary, to ensure that the federal or
state standards are not exceeded. The owner or operator of the facility
shall reimburse the town for the cost of such testing.
A.
In residential districts, all wireless communication facilities shall comply with yard requirements of Chapter 167, Zoning, for principal buildings. No wireless communication facilities may be located between the principal structure and the street.
B.
In nonresidential districts, wireless communication facilities may be in side or rear yards, as established in Chapter 167, Zoning, as acceptable to the Planning Board, but not in buffers shown on an approved site plan or in a conservation or similar easement. No wireless communication facilities may be located between the principal structure and the street.
C.
Except for roof-mounted antennas (see § 162-9), in residential districts wireless communication facilities shall not exceed 35 feet in height, unless the requirements of Subsection D below are met. In nonresidential districts, wireless communication facilities shall not exceed 75 feet in height, unless the requirements of Subsection D below are met. These height requirements shall supersede those of Chapter 167, Zoning, as set forth in the Bulk Table thereof.
D.
In the event that an applicant proposes a height greater than that listed in Subsection C above, the applicant must demonstrate to the satisfaction of the Planning Board that:
(1)
Alternative means of mounting the antenna have been
considered and are not feasible for the applicant.
(2)
The height is the minimum height necessary for adequate
operation to meet the applicant's communication needs, and the aesthetic
intrusion has been to the greatest extent practicable.
(4)
The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless communication facilities. This includes but is not limited to yard, buffer, height, floor area ratio for equipment buildings, parking, open space and other requirements. Height requirements set forth in the Bulk Table of Chapter 167, Zoning, shall apply to buildings and equipment shelters.
E.
[1]In residential districts, new wireless communication towers
and monopoles shall be separated from residential buildings on adjacent
or abutting properties for a distance of not less than two times the
height of the tower or monopole. This requirement shall also apply
to the proposed use for wireless communication facilities of towers
or monopoles existing at the time of adoption of this chapter.
[1]
Editor's Note: Former Subsection E, regarding
the Planning Board's permission to increase the height of any tower
in order to accommodate additional users, was repealed 11-23-1998
by L.L. No. 17-1998. This local law also provided for the renumbering
of former Subsection F as Subsection E.
A.
For all new wireless communication towers, the applicant
shall provide to the Planning Board graphic information that accurately
portrays the visual impact of the proposed tower from various vantage
points selected by the Planning Board, such as, but not limited to,
public parks, designated historic sites or districts or designated
scenic areas, and residential areas. This graphic information may
be provided in the form of photographs or computer-generated images
with the tower superimposed, as may be required by the Planning Board.
B.
Towers shall be painted a neutral color so as to reduce
visual impact and be maintained in good condition subject to any applicable
standards of the FAA. At the tower site, the design of the buildings
and related structures shall use materials, colors, textures, screening
and landscaping that will blend them into the natural setting.
C.
For all buildings or equipment shelters to be located
in all zoning districts, the equipment shelter shall be treated in
an architectural manner compatible with the structures in the vicinity.
For any new wireless communication facilities,
landscaping shall be provided as follows:
A.
In determining the most appropriate landscaping to be provided, the Planning Board shall consider the visual impact of the proposed facility in its setting with regard to immediate proximity of observers, the sight lines from major viewing points, and from those features identified in § 162-14A.
B.
The area surrounding the installation shall be landscaped
and maintained with shrubbery and ground cover consistent with the
surrounding community character.
C.
Any buildings or other equipment shelters associated
with the antenna facility shall be landscaped with evergreen trees
or shrubs of sufficient size and density to screen, in whole or part,
and effectively mitigate the appearance of the structures and buildings.
For any antenna facility requiring a tower or pole, trees having a
minimum height of 10 feet a planting shall be planted around the tower
or pole, so that over time the visual impact from the tower or pole
will be reduced.
D.
When a security fence is required, the outside of
such fencing shall be landscaped with evergreen shrubs, trees or climbing
evergreen material on the fencing, or may contain wooden slates woven
into the fence so as to mitigate and minimize the industrial character
of the fence.
E.
An existing natural vegetative buffer which meets
or exceeds the above requirements can be retained to meet the landscape
requirements set forth above.
Except as specifically required by the FAA or
the FCC, antennas, including the supporting structure and all related
appurtenances, shall not be illuminated, except that buildings may
use lighting required by the New York State Uniform Fire Prevention
and Building Code or when required for security reasons. When lighting
is used, it shall be compatible with the surrounding neighborhood
to the greatest degree practicable.
A.
The areas surrounding the facility shall:
(1)
Be fenced or otherwise secured in a manner which prevents
unauthorized access by the general public to areas where the standards
of any federal or state agency are exceeded.
B.
For wall-mounted antennas, the signage shall be placed
no more than five feet off the ground below the antenna.
C.
For antennas mounted on the roof, the signage shall
be placed on all doors which provide access to said roof. The signage
shall be placed no more than five feet off the ground.
A.
No antenna or combination of antennas shall expose
the general public to NIER levels exceeding the standard of any federal
or state agencies having jurisdiction. In addition, no antenna facility
shall emit radiation such that the general public will be exposed
to conditions in excess of the standards contained in ANSI-C-95.1.
B.
For new antennas, the estimated or measured nonionizing
electromagnetic radiation (NIER) from a proposed antenna, when added
to existing radio frequency electromagnetic radiation from existing
sources, shall not exceed the guidelines set forth in the applicable
federal and state standards.
A.
The Town Building Department shall maintain a list
of the names, addresses, type and maximum emissions of all wireless
communication facility operators in the town.
B.
If the name or address of the owner or operator of
any facility is changed, the Building Department shall be notified
of the change within 30 days.
C.
Within 90 days of operating any transmitting antenna,
the owner or operator shall submit to the Building Inspector a written
certification by a New York State licensed professional engineer (for
monopole or tower installations) that the antenna complies with the
Town of Haverstraw Code and all other applicable government regulations.
[Amended 6-24-2019 by L.L. No.
5-2019]
A.
The Planning Board shall make written findings that the issuance
of a special permit is in compliance with all of the requirements
of this chapter, except to the extent same may have been modified
by variances granted by the Zoning Board of Appeals.
B.
The special permit bulk requirements, in the height variation permitted
herein by the Planning Board, may be varied by application to the
Zoning Board of Appeals and compliance with the criteria applicable
to area variances then in effect for variances from the Town Zoning
Code.
A.
The special permit shall be issued to the applicant
and shall expire upon the termination of the use. A special permit
shall be deemed to have expired after a two-year period unless a building
permit has been obtained within that period of time.
B.
In special situations requiring periodic review, the
Planning Board may issue a special permit on a renewable basis for
a period of not less than five years.
C.
Prior to the issuance of a certificate of occupancy,
the applicant shall provide a report to the Building Inspector, prepared
by a New York State licensed professional engineer, certifying that
any monopole or tower has been constructed in accordance with the
plans approved by the Building Inspector.
A.
The operator of any wireless communication facility
existing at the time that this chapter takes effect shall be permitted
to remain in operation, provided that the operator submits proof within
six months of the enactment of this chapter that a valid building
permit has been issued for the facility, and that the facility complies
with the standards adopted by the Federal Communications Commission
(FCC), as certified by a professional engineer with qualifications
acceptable to the Town of Haverstraw. Operating antennas or towers
that are conforming with respect to the regulations of the FCC shall
be permitted to remain.
B.
Any facility for which emission, structural and security
compliance documentation is not received shall cease operations within
three months of the enactment of this chapter and be removed thereafter
in accordance with the provisions of this chapter. Any facility in
a residential zoning district which was not operating as of December
31, 1997, shall be considered to be nonconforming and shall be removed
within three months of the enactment of this chapter. In the event
that such facilities are not completely removed within such time,
the town shall be authorized to effect such removal in accordance
with the following procedure:
(1)
The Building Inspector shall give written notice that
such wireless communication facility must be completely removed from
such property within a time to be specified in such notice, which
time shall not be less than 10 nor more than 30 days after service
of such notice. Such notice shall contain a statement that in the
event that such facility is not completely removed within the time
specified therein, the town will cause such removal to occur, and
thereupon the property upon which the facility is situated will be
assessed for all costs and expenses incurred by the town for the purpose
of effecting such removal, said costs and expenses to be collected
in the same manner and time as town taxes. Such notice shall be served
by the Building Inspector either personally or by certified mail upon
the owner of the property on which such facility is located, as such
owner is shown on the last completed tax assessment roll of the town.
If such notice is served by certified mail, it shall be mailed to
the owner of the property at the address shown on the last completed
tax assessment roll of the town.
(2)
In the event that such wireless communication facility
is not completely removed as directed in the notice of the Building
Inspector within the time specified therein, the town may at any time
thereafter enter upon the property and cause such facility to be removed;
provided, however, that no demolition shall take place without the
express approval of the Town Board. All costs and expenses incurred
by the town in connection with such removal, including all administrative
expenses and financing expenses, if any, shall be against such property
by the Town Board in the manner provided by law.
Should any section, paragraph, sentence, clause,
word or provision of this chapter be declared void, invalid or unenforceable
for any reason, such decision shall not affect the remaining provisions
of this chapter.
Pursuant to New York Municipal Home Rule Law
§ 22, the provisions of this chapter are intended to supersede
any inconsistent provision of law.
