Town of Huntington, NY POST-APPROVAL MONITORING

(A)

Existence of Violations. The Director of Public Safety or Director of Engineering Services shall report to the Town Attorney, on behalf of the Town Board, if the Facilities are on Municipal Property, Municipal Facilities, or using the Public Rights-of-Way, or to the Zoning Board, if the Facilities are on private property, that the Facilities, or any part thereof, are not in compliance with any permit or approval issued by the respective Board. The Director shall indicate that a Notice to Comply, Notice of Violation or summons, as the case may be, has been issued and there has been no compliance, or compliance has not been achieved to the satisfaction of the Director. The Town Attorney may refer the matter to the attention of the Planning Board for consideration if the violation involves a Planning Board approval or condition.

(B)

Special use permit and site plan approval. The Zoning Board of Appeals or Planning Board may, upon notice and after a public hearing, revoke any special use permit or site plan approval granted by the Board if the Board determines that there are substantial violations of a condition of approval, or of a map or plan, or special use permit, or variance, or if false documents or statements have been submitted in support of the Application, or if equipment is not functioning within expected parameters, or on such other grounds deemed appropriate by the Board.

(C)

License agreement. The Town Board or Huntington Board of Trustees may terminate a license agreement the Board has approved, upon notice and after a public hearing, if the Board determines that a substantial violation of the license agreement, or of a map or plan, or of a special use permit, or variance, or of any condition established by the Board has occurred, or if false documents or statements have been submitted in support of the Application, or of equipment is not functioning within expected parameters or on such other grounds deemed appropriate by the Board.

(D)

Certificate of occupancy, permit or other approval. The Director of Engineering Services may revoke or suspend a Certificate of Occupancy, permit or other approval for a Wireless Telecommunications Facility in accordance with the procedures set forth in Chapter 87 of the Town Code on the following grounds. The Town Board or Huntington Board of Trustees may revoke a Certificate of Occupancy, permit or other approval at the same time and in the same manner it terminates a license agreement on the grounds set forth in (C) herein.

(1)

The Town Board, Huntington Board of Trustees, Zoning Board of Appeals, or Planning Board has revoked their approval of the Facility or any part thereof; or

(2)

The FCC has revoked the license of the Telecommunications provider; or

(3)

The Department receives sufficient evidence to show that the Wireless Telecommunications Facility is violating FCC RF emissions standards; or

(4)

The Facility or elements of the Facility fall into such a state of disrepair that the condition jeopardizes the health, welfare and safety of Persons or property, or creates a nuisance or danger; or

(5)

Upon the grounds set forth in Section 87-30 of the Town Code.

(E)

Notice of hearing.

(1)

If the applicable Board seeks action, written notice of the grounds for revocation of any certificate, permit, grant or other approval, and the date, time and place of a hearing before an Administrative Hearing Officer (on behalf of the Town Board) if the Facilities are on Municipal Property, Municipal Facilities, or using the Public Rights-of-Way, or the Zoning Board of Appeals if the Facilities are located on private property, as the case may be, shall be mailed to the private property owner; the Applicant who filed for the use or installation or owner or operator of the facility, system, or equipment; and their attorney, if known, to their last known address, by regular and certified mail, return receipt, requested at least fifteen (15) calendar days before the hearing. If a violation of site plan approval or a Planning Board condition, or other violation involving the Planning Board is at issue the same procedure shall be followed by the Planning Board.

(2)

The notice shall also contain a statement that they are (a) entitled to be represented by legal counsel at the hearing; (b) they will be provided with an opportunity to be heard and may present the testimony of witnesses, experts, and other evidence in their own behalf; and (c) that upon their failure to appear at the hearing, then in such event, the determination of the Board shall be final.

(F)

Hearing. All hearings shall be recorded, and may be adjourned only upon good cause shown and at the discretion of the Person or entity holding the hearing.

(1)

Authority. At the hearing the Hearing Officer, Planning Board or Zoning Board shall consider the evidence, and may adopt or reject, in whole or in part, any portion of the Director's report, with or without conditions, as deemed advisable or necessary under the circumstances.

(2)

Zoning Board. Upon a finding that the use or Facilities is in violation of its approval, the Board may order the property owner, and/or the Applicant, operator and/or owner of the system or Facility to repair, remediate, rectify, demolish or remove any part of the Telecommunications Facilities in violation, within the time specified, and upon the failure, neglect, or refusal of such Person(s) to comply, may revoke its approval, in whole or in part. The decision of the Board is final as to the Town of Huntington. The decision shall be mailed to the entity who requested the hearing or his attorney, if known, and the property owner, and filed in the office of the Huntington Town Clerk.

(3)

Planning Board. Upon a finding that the use or Facilities is in violation of its approval, the Board may revoke its approval, in whole or in part. The decision of the Board is final as to the Town of Huntington. The decision shall be mailed to the entity who requested the hearing or his attorney, if known, and the property owner, and filed in the office of the Huntington Town Clerk.

(4)

Administrative Hearing Officer. The Administrative Hearing Officer's findings and recommendations shall be filed with the Town Clerk and mailed to those who requested the hearing or their attorney(s), if known. The Town Clerk shall forward the recommendations of the Administrative Hearing Officer to the Town Attorney, and to the Town Board for ultimate determination. The Town Board shall consider the evidence, and may adopt or reject, in whole or in part, any portion of the Hearing Officer's report, with or without conditions, as deemed necessary by the Board. Upon a finding that the use or Facilities are in violation of any approval or agreement, the Board may order the Applicant, operator, and/or owner of the Facilities, or any part thereof, to abate, rectify or remediate the violation, or to demolish and remove any part of the Wireless Telecommunications Facilities and restore the site to its original condition within the time specified, and upon the failure, neglect, or refusal of such Person(s) to comply, may authorize the code officer or other Town personnel, upon reasonable notice, to enter the premises and demolish and remove the same, and restore the site. The decision of the Board is final as to the Town of Huntington. The decision shall be mailed to the entity who requested the hearing or their attorney, if known, and filed in the office of the Huntington Town Clerk.

(G)

Grounds for a default. If there has been no appearance at the hearing by the named recipients, the resulting determination of the Board shall be final and shall be served in the same manner as the Notice of Hearing. Once revoked, the use and its accessory uses or the specific approval, as is applicable, shall not be reestablished until all violation(s) are corrected to the satisfaction of the Town. Reestablishment of a grant will require a new Application to the applicable Board and, at the discretion of the Board, a public hearing.

(H)

Liability for costs. The private property owner, Applicant, or owner or operator of the Facility shall be jointly and severally liable for the payment of all costs and expenses the Town incurs for the abatement, repair, or removal of the Facilities and restoration of the site, if applicable, including legal fees and costs.

(I)

Recovery of costs. The costs incurred by the Town shall be certified by the Director of each Town department providing services and the Town Attorney shall mail written notice of such costs by both regular mail and certified or registered mail, return receipt requested, to the property owner, Applicant, and owner or operator of the Facility, as the case may be. The notice shall state that upon the failure to pay the amount certified within ten (10) calendar days of receipt of the notice by money order, or certified or bank check the amount will be added to the tax bill if permitted by law, or other action will be taken without further notice. Nothing contained herein shall be construed to limit the Town's remedies or bar the commencement of an action to collect the debt in lieu of a tax lien.

(J)

Tax lien. In the event the debt is not paid within the ten (10) day period, or if the mailing is returned by the Post Office because of the inability to make delivery for any reason, as long as the notice was properly addressed to the last known address, such certification of costs shall be provided to the Tax Receiver, who shall cause the costs as shown thereon to be charged against such lands and/or facilities (if permitted by law) without further notice. The amount so charged shall forthwith become a lien against such lands and/or facilities, and shall be added to and become part of the taxes next to be assessed and levied, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officer(s) and in the same manner as taxes.