Town of Ulysses, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ulysses 2-13-2007 by L.L. No. 2-2007. Amendments noted where applicable.]

§ 129-1 Purpose.

The purpose of this chapter is to prevent interference with the countywide public safety radio communications system which is used by emergency service providers in this municipality and throughout Tompkins County.

§ 129-2 Findings.

A. 
Any structure exceeding 50 feet in height above the ground is a potential cause of interference, interruption or severe degradation of the countywide public safety radio communications system;
B. 
The public safety communications system was constructed at considerable cost to taxpayers;
C. 
This municipality has invested funds to provide emergency service workers with training and communications equipment to enable these emergency service providers to effectively use the communication system;
D. 
The countywide communications system is crucial to the provision of police, fire, medical, ambulance and other public services for those who work, reside or own property in this municipality;
E. 
It is imperative that the emergency communications system be protected from interference, interruption or degradation by the construction or modification of any buildings or structures within the municipality.

§ 129-3 Requirements.

A. 
No person may construct or modify any structure, including, but not limited to, any building, silo or windmill, exceeding 50 feet in height above the ground without following the provisions of this chapter;
B. 
No person shall construct or modify any structure unless he or she submits detailed design plans for the structure to the municipality. In addition to any other permit or application fees, a fee as set by resolution of the Town Board must be submitted to the municipality in order to cover the county's cost of hiring a radio communications expert to determine whether the proposed new construction is likely to interfere with the countywide radio communications system;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
In the event of potential interference the applicant shall be notified. If the applicant wishes to proceed with the application, he or she shall be required to pay any additional costs for the radio communications expert to analyze the potential interference and to propose appropriate remediation.
D. 
In the event that the retained radio communications expert determines that the construction or modification may result in interference, interruption or degradation of the countywide communication system any approval of the site plan application shall be conditioned upon the applicant making any and all remedial measures that the expert determines are needed in order to avoid the interference, interruption or degradation;
E. 
No permit shall be given and no construction, alteration or modification may take place to any such building or structure until the radio communications expert notifies the municipality that the structure will not interfere with the countywide radio communication system.

§ 129-4 Enforcement; penalties for offenses.

A. 
The provisions of this chapter may be enforced by the municipality or the county and shall include, but not be limited to, an injunction or specific performance. Any person in violation of this chapter shall be responsible for all costs and attorneys' fees incurred by the municipality or the county in enforcing the provisions of this chapter.
B. 
The violation of this chapter shall constitute an offense, and a person guilty of such offense may be punished by a fine not exceeding $250.