Wireless Telecommunications Facility Applications include a variety of application types that can be reviewed by several different Boards of the Town of Huntington. The Huntington Town Board has determined that it is in the best interests of town residents to establish standards for the location of Wireless Telecommunication Facilities and the provision of communication services consistent with applicable federal and state laws, statutes, rules and regulations in order to:
(A) 
Protect the health, safety and welfare of the residents of the Town.
(B) 
Assure access of our residents to wireless telecommunications technologies while at the same time protecting natural features, aesthetics, and the residential character of neighborhoods and areas surrounding educational, environmentally sensitive, historic and other unique or Sensitive facilities within the Town, and protect the efficient and orderly development of land uses from potential adverse impacts.
(C) 
Promote and encourage the location of these devices in nonresidential areas of the Town and public lands.
(D) 
Minimize the total number of such devices constructed throughout the Town within legal limits.
(E) 
Promote and encourage joint use of such new and existing structures and discourage the erection of such structures for single users.
(F) 
Promote and encourage the location of such devices, to the extent possible, in areas where adverse impacts on the surrounding neighborhoods are minimized.
(G) 
Promote and encourage the configuration of such devices in a manner that minimizes adverse visual and aesthetic impacts through careful design, siting, landscape screening, and innovative camouflaging techniques.
(H) 
Promote the ability of service providers to supply such services as effectively and efficiently as possible.
(I) 
Prohibit potential damage to adjacent and/or nearby properties from collapse or failure of such devices through adequate engineering and siting requirements.
(J) 
Verify that proposed Wireless Telecommunication Facilities and other facilities subject to this legislation comply with federally established limits for RF (radiofrequency) emissions.
(K) 
Require Applicants to prepare RF propagation studies and produce such other proof as is reasonably necessary to establish that the proposed facility is necessary to remedy a Gap in Service, Densification of a wireless network, introducing new services or otherwise improving service capabilities at a specified location.
(L) 
Ensure meaningful input by the community into important land use decisions.
(M) 
Minimize intrusions on pedestrian and vehicular travel and safety on roads, streets and sidewalks.
(N) 
These regulations are not intended to prohibit or have the effect of prohibiting the provision of adequate Wireless Telecommunications Facilities.
The following terms shall have the meanings indicated.
ANTENNA
A system of electrical conductors designed for the purpose of emitting or receiving electromagnetic waves or radio frequency or other wireless signals from a fixed location.
ANTENNA ARRAY
An Antenna Array (or Array Antenna) is a set of multiple connected Antennas which work together as a single Antenna, to transmit or receive radio waves.
APPLICANT
The Person submitting an Application for a Wireless Telecommunications Facility.
APPLICATION
All necessary and appropriate information and data submitted by an Applicant that is necessary in order to receive approval for Wireless Telecommunications Facilities from the Board or Department having jurisdiction.
COLLOCATION
The use of an existing Telecommunications Wireless Facility or location by more than one Telecommunications provider, which includes sharing an Antenna, Tower, or mounting location, and which may include Modifications to the existing facility for the purpose of mounting or installing new Antennas.
COMMERCIAL IMPRACTIBILITY OR COMMERCIALLY IMPRACTICABLE
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not deem a situation to be "Commercially Impracticable" and shall not render an act or the terms of an agreement "Commercially Impracticable".
CONSULTANT
An individual or entity consisting of qualified professionals retained by the Town at the Applicant's expense to verify that the proposed Wireless Telecommunication Facility subject to this Chapter complies with the applicable limits for RF emissions, that the proposed facility is necessary to remedy a Gap in Service or Densification at a specified location, and to advise the Town on any technical aspect of the Application including conducting a physical inspection of the site or facility.
CONSULTANT ESCROW
An escrow account established pursuant to § 194-42(F), 194-44(F), 194-45(G), 194-49(D), or 194-50(A) of this Chapter funded by an Applicant and used to pay the fees of a Consultant.
DENSIFICATION
The establishment by the Applicant of sufficient Wireless Telecommunications capacity to not only provide basic area coverage but to also meet all reasonably foreseeable demand for communications and data in the service area.
DIRECTOR
The Director of the Department of Planning and Environment or their designee.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated Antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
ELIGIBLE FACILITY REQUEST
Any request for the Modification of an existing Tower or base station that does not Substantially Change the physical dimensions of such Tower or base station, involving:
(1) 
The Collocation of new Transmission Equipment; or
(2) 
The removal of Transmission Equipment; or
(3) 
The replacement of Transmission Equipment.
FAA
The Federal Aviation Administration of the United States or successor agency.
FCC
The Federal Communications Commission of the United States or successor agency.
GAP IN SERVICE
A Gap in Service exists where a remote user of services is unable to either connect with the land-based national telephone network, or to maintain a connection capable of supporting a reasonably uninterrupted communication. When a coverage Gap exists customers cannot receive and send signals, and when customers pass through a coverage Gap their calls are disconnected.
HAMLET CENTER
An area mapped and identified as a Hamlet Center in the Horizons 2020 Comprehensive Plan or successor plan.
HEIGHT
The distance measured from the lowest point to the highest point on the Tower or other structure, including the highest point of the mount, Antenna, or any lightning protection device attached to the Tower or structure. Changes in Height should be measured from the original support structures in cases where deployments are or will be separated horizontally, such as on the rooftops of buildings; in other circumstances, changes in Height should be measured from the dimensions of the Tower or base station, inclusive of originally approved appurtenances and any Modifications that were approved prior to the passage of the Spectrum Act.
MODIFICATION OR MODIFY
The addition, removal, replacement, or change of any of the physical and visually discernible components or aspects of a Wireless Telecommunication Facility, such as Antennas, cabling, equipment shelters, equipment cabinets, generators, utility feeds, Tower Height and mounting Heights, or changing the color or materials of any visually discernible components. Adding a new wireless carrier or service provider to a Wireless Telecommunications Facility as a Collocation is a Modification.
MUNICIPAL FACILITIES
Town-owned streetlamps, light poles, lighting fixtures, electroliers, flagpoles, and other similar town-owned structures, excluding such facilities in the Public Rights-of-Way.
MUNICIPAL PROPERTY
Town-owned buildings, and the space in, upon, above, under, along, across, and over real property that is under the sole ownership, jurisdiction, possession and control of the Town, except property licensed to the Town, any property where the Town holds an easement or other beneficial interest, Public Rights-of-Ways, and underwater lands.
PERSON
Any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more Persons having a joint common interest, or any other business entity.
PERSONAL TELECOMMUNICATIONS SERVICE (PCS) OR PERSONAL WIRELESS SERVICES (PWS)
These terms shall have the same meaning as defined and used in the 1996 Telecommunications Act or successor law.
PUBLIC RIGHTS-OF-WAY
The space in, upon, above, under, along, across and over the public streets, roads, highways, lanes, courts, ways, alleys, sidewalks, and similar places, that are under the jurisdiction and exclusive control of the Town together with public utility easements and public service easements. The term shall not include county, state, or federal rights-of-way or places owned by the Town jointly with another Person, entity or agency.
SENSITIVE LOCATIONS
Locations within and adjacent to historic districts and individual historic landmarks, and within 500 feet of the boundary lines of a public or private school and day care centers.
SITE
For the purpose of determining whether an excavation or deployment is within or outside of a proposed Site and is therefore a Substantial Change, the term Site shall include Towers other than Towers in the Public Rights-of-Way, the current boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other Transmission Equipment already deployed on the ground. The current boundaries of a Site are the boundaries that existed as of the date that the original support structure or a Modification to that structure was last reviewed and approved by the Town, if the approval of the Modification occurred prior to the Spectrum Act [Eff. February 22, 2012] or otherwise outside of the Section 6409(a) process.
STEALTH OR CONCEALMENT TECHNOLOGY
The minimization of potential adverse aesthetic and visual impacts from the installation of Wireless Telecommunications Facilities as directed in this Chapter.
SUBSTANTIAL CHANGE
A Modification Substantially Changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(1) 
For Towers other than Towers in the Public Rights-Of-Way, it increases the Height of the Tower by more than 10% or by the Height of one additional Antenna Array with separation from the nearest existing Antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the Height of the structure by more than 10% or more than ten (10) feet, whichever is greater;
(2) 
For Towers other than Towers in the Public Rights-Of-Way, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the Tower more than twenty (20) feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;
(3) 
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for Towers in the Public Rights-Of-Way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in Height or overall volume than any other ground cabinets associated with the structure. A generator shall be considered the equivalent of two (2) new equipment boxes;
(4) 
It entails any excavation or deployment outside of the current Site, except that, for Towers other than Towers in the Public Rights-Of-Way, it entails any excavation or deployment of Transmission Equipment outside of the current Site by more than thirty (30) feet in any direction. The Site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the Site;
(5) 
It would defeat the Concealment elements of the eligible support structure; or
(6) 
It does not comply with conditions associated with the siting approval of the construction or Modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any Modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv).
TELECOMMUNICATIONS
The transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
TOWER
Any structure built for the sole or primary purpose of supporting any FCC authorized Antennas and their associated facilities, including structures that are constructed for Wireless Telecommunications services including, but not limited to, private, broadcast and public safety services, as well as unlicensed Wireless Telecommunications Facilities and fixed services, and the associated site. A Tower shall include the structure and any support systems appurtenant thereto. Any pole, mast, mount, or other structure, and all attached equipment, including Antennas, exceeding 50 feet in Height above ground level shall be considered a Tower.
TOWN
The Town of Huntington, Huntington Board of Trustees, and any subdivision thereof, including Town-operated special improvement districts and agencies, including the Dix Hills Water District.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, Antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
WIRELESS TELECOMMUNICATIONS FACILITY (OR FACILITIES)
Includes Antennas, Towers, and any structure, equipment, installation, facility, device, wires, cables or appurtenance designed, installed or intended to be used to support Antennas or other transmitting or receiving devices used for the purpose of transmitting, receiving, distributing, providing or accommodating cellular, radio, television, specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, 911, Personal Telecommunication Services (PCS), commercial satellite services, microwave, mobile and any commercial Wireless Telecommunication service not licensed by the FCC, including without limit mounts, Towers of all types, structures, buildings, church steeples, or anything that is used to support Antennas or its functional equivalent; and Distributed Antenna Systems (DAS) including all accessory facilities, installations, and equipment such as utility poles, transmission cables, wires, mounts, cabling, equipment shelters and other appurtenances.
Unless otherwise provided, this Chapter shall not apply to the following:
(A) 
All Antennas which are accessory to permitted residential uses and are mounted on the residential dwelling without a tower, including but not limited to the reception Antennas for direct broadcast satellites (DBS), television broadcast stations (TVBS) and other customer-end Antennas that receive and transmit fixed wireless signals that are primarily used for reception.
(B) 
Such uses that are licensed to operate by the Federal Communications Commission, pursuant to 47 CFR 97, or successor law, such as amateur radio operations, private citizen's bands, and other similar non-commercial Telecommunications, subject to the provisions of Article IX of Chapter 198 (Height, Area & Bulk Regulations).
(C) 
Uses which are pre-empted or exempt from local regulation by federal or state law or regulation.
(D) 
Repairs and maintenance to existing equipment shall not require any permits from the Town unless otherwise determined by the Director of Engineering Services or his designee.
(E) 
No license agreement shall be required of any entity that already holds a cable franchise issued by the Town for cable service as defined in 47 USCA § 522(6), or telephone franchise, except that proposed installations of cabinets, boxes, equipment or other structures on the ground or partially below the surface of the ground along the public rights-of way shall be subject to site plan review (by the Planning Board unless exempted), highway work permits, building permits, and certificates of occupancy. The provisions of this section shall apply to both wired and wireless equipment.
(F) 
Facilities used exclusively for providing unlicensed spread spectrum technology i.e. Bluetooth or WiFi, where the facility does not require a new tower, where the service is not to be used for commercial purposes, where there is no fee or charge for the use of the service, and where the service is intended to be useable for less than 200 feet.
Variances from the requirements of this Chapter shall be considered by the Zoning Board of Appeals subject to the notice and hearing requirements set forth in § 194-30. Any variances that may be necessary shall be identified in the Application for the installation of the Wireless Telecommunications Facility.