§ 100-21. Recertification of large wireless facility permit.

A. 

At any time between 12 months and six months prior to the five-year anniversary date after the issuance of a LWFP, and all subsequent fifth anniversaries thereafter, the holder of a LWFP shall submit a signed written request to the Zoning Board of Appeals for recertification. In the written request for recertification, the holder of such permit shall note the following:

(1) 

The name of the holder of the LWFP for the wireless telecommunications facility.

(2) 

The date of the original granting of the LWFP.

(3) 

Whether the large wireless facility has been modified since the issuance of the special use permit and, if so, in what manner.

(4) 

Any requests for waivers or relief of any kind whatsoever from the requirements of this section and any requirements for a LWFP.

(5) 

Certification that the large wireless facilities are in compliance with the special use permit and in compliance with all applicable codes, laws, rules, regulations and federal certification requirements.

(6) 

Certification that the wireless telecommunications support structure, base station and accessory equipment are designed and constructed (as built) and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a professional engineer licensed by the State of New York.

B. 

If, after such review, the Zoning Board of Appeals determines the permitted large wireless facility is in compliance with the LWFP and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, the Zoning Board of Appeals shall recertify the special use permit for the large wireless facility, which may include any new provisions or conditions that are mutually agreed upon or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations.

C. 

If, after such review, the Zoning Board of Appeals determines that the permitted large wireless facility is not in compliance with the LWFP and all applicable statutes, local laws, ordinances, codes, rules and regulations, the Zoning Board of Appeals may refuse to issue a recertification of the special use permit for the large wireless facility, and, in such event, such large wireless facility shall not be used after the date that the applicant receives written notice of such decision by the Zoning Board of Appeals unless and until any deficiencies determined by the Zoning Board of Appeals are cured. Any such decision shall be in writing and supported by substantial evidence contained in a written record.

D. 

If the applicant has submitted all of the information requested by the Zoning Board of Appeals and required by this section, and if the Zoning Board of Appeals does not complete its review, as noted in Subsection B of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, the applicant for the permitted large wireless facility shall receive an extension of the special use permit for up to six months in order for the Zoning Board of Appeals to complete its review.

E. 

If the holder of a LWFP does not submit a request for recertification of such permit within the time frame noted in Subsection A of this section, then such LWFP and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original issuance of the LWFP, or subsequent fifth anniversaries, unless the holder of the LWFP adequately demonstrates to the Zoning Board of Appeals that extenuating circumstances prevented a timely recertification request, in which case the holder of the LWFP may submit a late recertification request or application for a new LWFP.