Applications to erect, install, attach, or Modify Wireless Telecommunications Facilities on privately-owned parcels and structures shall require a special use permit from the Zoning Board of Appeals, unless exempted under § 194-3 or classified as an Eligible Facility under § 194-2 and § 194-18. New Towers shall be subject to the provisions of Article III of this Chapter. Any Person who fails and/or neglects to file an Application for a special use permit and secure all necessary approvals and permits before the commencement of work shall be deemed to be in violation of this Chapter and shall be subject to the fines and penalties set forth herein.
An original and twenty-two (22) copies of a completed Zoning Board of Appeals application complying with § 194-42 and § 198-66 of the Town Code shall be filed with the Zoning Board of Appeals clerk along with a non-refundable Application fee and refundable escrow deposit in amounts established by the Town Board. An electronic copy of all documents must also be provided or made available. The Application fee shall be tripled in all cases where installations have been made or work commenced without the necessary Town approvals or permits. The Application will follow the established procedures for special use permit review by the Zoning Board of Appeals in Article XVI of Chapter 198 of the Town Code.
(A) 
Public hearing; notice. All Applications before the Zoning Board of Appeals, unless exempted, shall be determined after a public hearing. Applicants shall mail a notice of public hearing, postmarked no less than ten (10) days before the hearing, to the owners and occupants of all properties located within five hundred (500) feet of the exterior limits of the Applicant's total property holdings which are the subject of the Application, as shown on the current tax roll, with the exception of Applications for placement in the R-15, R-10, R-7 and R-5 zoning districts, where notification to adjoining property owners and occupants shall be to those within two hundred (200) feet of the exterior limits of the Applicant's total property holdings, as shown on the current tax roll. Notice of the public hearing shall be published by the Zoning Board of Appeals at least ten (10) days before the hearing in the official newspaper(s) of the Town.
(B) 
Proof of mailing. The Applicant shall provide a certificate of mailing certified by the United States Postal Service for each recipient, which legibly indicates the name and address of the property owner and occupant to which notice was mailed. The certificate of mailing shall be filed by Applicants with the Zoning Board of Appeals clerk no less than five (5) business days before the hearing. Failure to mail notice of the public hearing or file the certificate of mailing within the required period shall result in postponement of the public hearing at the Applicant's cost and expense which shall include the cost of republishing the notice of hearing.
(C) 
Signage. The Applicant or authorized agent shall also post a sign on each frontage of the subject property giving notice that an Application is pending before the Zoning Board of Appeals, and the nature of the Application as well as the date, time and place at which the hearing will be held. The specific location, size of the sign, and length of time the sign is displayed, together with a filing by the Applicant of proof of such posting shall be as set forth in § 198-112(F) of the Town Code.
The Application can be approved or denied, in whole or in part, with or without conditions as deemed advisable by the Zoning Board of Board Appeals in accordance with state and federal law. The Board shall have all of the powers vested in it by law. Any Person who fails and/or neglects to comply with the conditions of approval shall be deemed to be in violation of this Chapter and shall be subject to the fines and penalties set forth herein.
Subject to the provisions of this Chapter, all Wireless Telecommunications Facilities approved for installation are subject to the filing of Applications for and issuance of site plan approval, building permits, and certificates of occupancy and/or other necessary approvals for each node, Antenna, piece of equipment or structure to be installed. The Applicant shall pay all required fees and charges for such approvals as established by the Town Board. Any Person who fails and/or neglects to file an Application and secure all other necessary approvals and permits before the commencement of work shall be deemed to be in violation of this Chapter and shall be subject to the fines and penalties set forth herein.
All Wireless Telecommunications Facilities shall be maintained in a safe and proper manner, and shall be in compliance with all conditions of the Zoning Board of Appeals approval, building permit, site plan approval, as well as with all applicable Town, State and Federal laws, rules and regulations, without exception. Any Person who commits an offense against the provisions of this section shall be deemed to be in violation of this Chapter and shall be subject to the fines and penalties set forth herein. Any failure of the Town to enforce compliance with such approval or any applicable law, rule or regulation shall not relieve the Applicant of its obligations under the code, any permit or approval issued, or other applicable law.