§ 85-787. Permitted uses and uses subject to administrative approval.

A. 

Permitted uses. The following uses are deemed to be permitted uses and shall not be subject to administrative approval or a special use permit:

(1) 

Antennas or towers located on property owned, leased or otherwise controlled by the Town of Brookhaven, provided said property is subject to a license or lease authorizing such antenna or tower approved by the Town Board, and provided that such towers or antennas comply with the written regulations promulgated by the Commissioner, except antennas located within the Town's right-of-way adjacent to or within 150 feet of property zoned or used for residential purposes, which shall be subject to the special permit provisions below.

(2) 

All antennas which are accessory to permitted residential uses.

(3) 

Lawful or approved towers and antennas which existed prior to the effective date of this article, except that any and all additions or expansions to existing towers and/or antennas shall be subject to the requirements of this section/article.

(4) 

Antennas installed or to be installed pursuant to § 85-785D of this article.

B. 

Uses subject to administrative approval.

(1) 

The Commissioner of the Department of Planning, Environment and Land Management or his/her designee may approve, approve with modifications, and/or conditions, or deny the following uses:

(a) 

Additions or expansions to existing towers or antennas, including new antennas on existing towers.

(b) 

Antennas on existing structures, as an accessory use to any commercial, industrial, professional, institutional use, provided the antenna does not extend more than 30 feet above the highest point of the structure.

(c) 

Antennas on existing transmission poles, in any zoning district, provided the antenna does not extend more than 30 feet above the highest point of the structure.

(d) 

Collocation of antennas by more than one carrier on existing towers shall be accorded priority status over the construction of new towers, so long as same is in compliance with the following:

[1] 

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Commissioner, in his discretion, shall permit reconstruction as a monopole.

[2] 

An existing tower may be modified or replaced in order to accommodate the collocation of additional antennas, provided the modified tower or replacement tower does not extend more than 30 feet above the height of the original tower. In the event a new tower is constructed, the original tower shall be removed prior to the issuance of a certificate of occupancy for the new tower, and a bond shall be required guaranteeing the removal of same to the satisfaction of the Town of Brookhaven.

(2) 

Information required for applications for administrative approval:

(a) 

All information required under § 85-788A(2) and (3); and § 85-788B(1)(a) through (f) of this article.

(b) 

Application form as approved by the Commissioner.

(3) 

Commissioner's determination.

(a) 

The Commissioner shall make a final determination to grant, grant with modifications, and/or conditions, and/or covenants, or deny the applications submitted pursuant to this section.

(b) 

The Commissioner may, in making said determination:

[1] 

In order to encourage the use of monopoles, permit the reconstruction of any existing tower to monopole construction.

[2] 

At his/her sole discretion, refer any application to the Board of Zoning Appeals.

(c) 

Upon a final determination by the Commissioner to deny, modify and/or impose conditions and/or covenants upon an application, the applicant may appeal to the Board of Zoning Appeals within 30 days of the final determination.