[HISTORY: Adopted by the Town Board of the Town of Ulysses 2-13-2007 by L.L. No.
2-2007. Amendments noted where applicable.]
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.
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.
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]
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.
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.
