[HISTORY: Adopted by the Town Board of the Town of Greenburgh 8-13-1996
by L.L. No. 7-1996; amended in its entirety 3-24-1999
by L.L. No. 3-1999. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 285.
An Antenna Review Board is hereby created, consisting of five members appointed by the Town Board to serve staggered five-year terms to review ongoing advancements in antenna technology, monitor zoning code compliance with Federal Communications Commission rulings, offer recommendations to the Town Board regarding subsequent amendments and enforcement, offer recommendations on special permit and variance applications to the Zoning Board of Appeals or Town Board as to the siting of antenna(s) and antenna support structure(s) and the aesthetic considerations stated in § 285-37A(20) when requested by such Boards, offer recommendations to applicants on as-of-right applications as to the siting of antenna(s) and antenna support structure(s), and to act as a board to make determinations as to the completeness of antenna applications with respect to § 285-37A(16) and to act as a board with decision-making responsibilities and final review authority as to the aesthetic considerations stated in § 285-37A(20) and § 285-37A(3)(i) and visibility considerations in § 285-37A(2) on as-of-right applications. The creation of such Board shall be consistent with the following.
The Town Board shall appoint an Antenna Review Board consisting of five
members knowledgeable of Federal Communications Commission rulings, communications
law and Town-wide planning objectives and shall designate the Chairperson
thereof. When selecting candidates for the Antenna Review Board, the Town
Board shall weigh and consider geographical representation and endeavor to
ensure that membership is representative of the larger population to the extent
possible. In the absence of a Chairperson, the Advisory Board may designate
a member to serve as Acting Chairperson. The Town Board may provide for compensation
to be paid to experts, clerks and a secretary out of antenna escrow funds[1] and provide for such other expenses as may be necessary and proper,
not exceeding the appropriation made by the Town Board for such purpose. In
making such appointments, the Town Board may require Antenna Review Board
members to complete training and continuing education courses to ensure competency
in the subject area. A member of the Conservation Advisory Committee, Zoning
Board of Appeals or Planning Board may serve on the Antenna Review Board;
however, no person who is a member of the Town Board shall be eligible for
membership on the Antenna Review Board.
[1]
Editor's Note: Section 1 of this local law provided as follows: "An escrow account is hereby established for enforcing provisions of the Zoning Code (Chapter 285) related to antenna installations, including compliance with maximum permissible exposure limits, to be funded from 10% of special permit use fees related to antenna installations and 100% of any rental fees received for antenna installations erected after the effective date of this revision on existing structures located on Town-owned property other than on those sites where such antenna are permitted as a permitted principal use. Final authority to expend antenna escrow funds shall be vested in the Town Board, who shall have sole discretion in determining when monitoring shall be conducted and may accept or reject the recommendation of the Antenna Review Board."
In the creation of the new Board the appointment of members to the Board
shall be for terms so fixed that one member's term shall expire at the end
of the calendar year in which such members were initially appointed. The remaining
members' terms shall be so fixed that one member's term shall expire at the
end of each year thereafter. At the expiration of each original member's appointment,
the replacement member shall be appointed for a five-year term.
If a vacancy shall occur otherwise than by expiration of term, the Town
Board shall appoint the new member for the unexpired term.
The Town Board shall have the power to remove, after public hearing,
any member of the Antenna Review Board for cause. Any member may be removed
for noncompliance with minimum requirements relating to meeting attendance
and training as established by the Town Board by local law.
All meetings of the Antenna Review Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Meetings of the Antenna Review Board, in which the Antenna Review Board acts as a decision-making board regarding aesthetic considerations under § 285-37A(20) and § 285-37A(3)(i) and visibility considerations under § 285-37A(2), shall be held at the call of the Chairperson, duly noticed, and held in compliance with the Open Meetings Law[1] and shall comply with the time frames established in § 285-37A(1).
[1]
Editor's Note: See Public Officers Law § 101 et seq.
In addition to reviewing ongoing advancements in antenna technology,
monitoring Zoning Code compliance with Federal Communications Commission rulings,
making recommendations to the Town Board regarding enforcement and any required
amendments to the Town's Zoning Ordinance[1] as it relates to antennas, offering recommendations on special permit and variance applications to the Zoning Board of Appeals or Town Board as to the siting of antenna(s) and antenna support structure(s), and the aesthetic considerations stated in § 285-37A(20) when requested by such Boards, offering recommendations to applicants on as-of-right applications as to the siting of antenna(s) and antenna support structure(s), acting as a Board in making determinations as to the completeness of antenna applications with respect to § 285-37A(16), and acting as a board with decision-making responsibilities on as-of-right applications as to the aesthetic considerations stated in § 285-37A(20) and § 285-37A(3)(i) and visibility considerations in § 285-37A(2), the Antenna Review Board shall publish at least once each year, in February or as soon as practicable thereafter, but prior to the Town Board's consideration of the adoption of new amendments proposed by the Antenna Review Board, a summary of the previous year's rulings and notices of proposed rule-making by the Federal Communications Commission affecting the provisions § 285-37 and a summary of all transmitting antenna(s) installed during the prior year keyed to a map of the Town illustrating their distribution.
