(A) 
Applicants for Wireless Telecommunications Facilities shall locate, site and erect said Facilities in order of the following priority list:
(1) 
On existing Towers or other structures on Municipal Properties, Municipal Facilities (exclusive of decorative light poles and clocks), and Public Rights of Way adjacent to commercially and industrially zoned areas.
(2) 
On existing Towers or other structures on commercially or industrially zoned property in the Town.
(3) 
On existing Towers or other structures on residentially zoned property in the Town.
(4) 
On Town right-of-ways adjacent to residentially zoned areas.
(5) 
On new Towers on properties zoned for commercial or industrial use.
(6) 
On new Towers on properties zoned for residential use.
(B) 
The existence of a license agreement or investments in studying one location shall not be considered as a valid reason to bypass a location of higher priority.
(C) 
Before erecting an entirely new Facility in a residentially-zoned area, the Applicant must demonstrate that its Facility cannot properly function within or upon an existing Tower or other Wireless Telecommunications Facility, or within or upon a proposed new Tower or structure on Municipal Property (except for Public Rights of Way in residential areas), Municipal Facilities (exclusive of decorative light poles and clocks), or in a commercial or industrial zoning district, including whether such alternate locations are Commercially Impracticable. Such evidence is also required to support requests to locate new Wireless Telecommunications Facilities within five hundred (500) feet of the boundary lines of property containing a public or private school or day care center, or to erect a new Tower in lieu of installing the Facilities within or upon an existing Tower or structure.
(D) 
Notwithstanding that a potential site may be situated in a location of highest available priority, the Town may disapprove an Application for any of the following reasons:
(1) 
Aesthetic impact on a historic landmark or historic district; and
(2) 
The availability and suitability of a superior location in the opinion of the Town, where such alternate location is determined to not adversely impair the Applicant's ability to provide Wireless Telecommunications services.
(E) 
Prohibited locations. Wireless Telecommunications Facilities shall not be installed or mounted on municipally-owned or controlled decorative lamp posts or clocks. New equipment and utility poles shall not be installed in locations where they obstruct the visibility of vehicular, bicycle, or pedestrian traffic and shall not screen traffic control signs and signals from view.
(F) 
Principal and accessory use. Wireless Telecommunications Facilities may be considered either principal or accessory uses, in that the prior existence of a different use on the same lot shall not preclude the installation of an Antenna or Tower on such lot.
The following factors shall be considered for all Applications to locate Wireless Telecommunications Facilities.
(A) 
Due consideration shall be given to the Town's Comprehensive Plan, existing land uses and development, environmentally sensitive areas, and other appropriate factors in approving the issuance of a special use permit or other Town approval for the siting of Wireless Telecommunications Facilities.
(B) 
The reviewing Board shall give due consideration to the following factors where applicable.
(1) 
Height, size, condition, stability, and appearance of the proposed or existing Facility, structure, pole, or device, with due consideration given to the applicable zoning district.
(2) 
Proximity of the proposed use to residential structures and residential district boundaries.
(3) 
Nature of existing and/or proposed uses on adjacent and nearby properties.
(4) 
The topography of the site and surrounding areas.
(5) 
Surrounding tree coverage and foliage.
(6) 
Design and aesthetic appearance of the structure, Facility, or device, with particular reference to design elements that have the effect of reducing or eliminating visual obtrusiveness.
(7) 
The proposed ingress and egress for construction and maintenance.
(8) 
Availability of suitable existing uses or structures or poles.
(9) 
Whether the proposed Wireless Telecommunications Facility, or its location, will impede or obstruct vehicular or pedestrian travel, obstruct or interfere with traffic control signs and signals, creates a nuisance or hazard, and/or substantially detracts from a historic landmark, site or district, scenic or visual space or corridor, or a culturally significant resource.
(10) 
Any other relevant factor, including those found by the Board to be relevant considerations under statutory and decisional law, and regulatory agency rulings.
(C) 
No Application shall be granted unless the Applicant demonstrates to the reasonable satisfaction of the Town Board, Planning Board, or Zoning Board of Appeals that no existing Facility or structure can accommodate the Applicant's proposed installation. Such evidence may consist of any or all of the following:
(1) 
That no suitable existing structures or Wireless Telecommunications Facilities are available for Collocation within the geographic area which meet the Applicant's engineering requirements to resolve the Gap in Service or needed Densification of the network.
(2) 
That the fees and costs charged, or contractual provisions required by the owner of an existing Facility or structure in order to share it, or adapt it for sharing, are unreasonable or Commercially Impracticable.
(D) 
The Applicant must demonstrate a good faith effort to locate the Facility in the least intrusive location on the property or structure, in a manner that preserves the character and aesthetics of the area by maximizing the use of site configurations, building materials, and design to blend the project in with the surrounding area.
(E) 
The Applicant must establish that a Gap in Service or Densification exists that requires the location of Wireless Telecommunications Facilities at the proposed location. In determining whether a Gap in Service or Densification exists at a specific location, the Board must find that the Telecommunications failure exists and can only be remedied by the location of the proposed Antennas, DAS system, or Tower. Such evidence shall include documentation of the coverage area of existing Facilities within the area the Applicant contends is a Gap in Service or Densification to be served by the proposed Facility. In determining what constitutes substantial remediation of a Gap in Service or Densification, and to what extent an Applicant needs to locate a Facility at a specific location or Height, and what level of service is to be made available to users, the Board shall be guided by standards set or as interpreted by federal or state law, decisional law and regulatory agencies.
All Wireless Telecommunications Facilities shall comply with the following requirements, unless otherwise required by the FAA, FCC or other applicable authority:
(A) 
Color. All Wireless Telecommunication Facilities shall be of a neutral color or such other color(s) as the Board may require to reduce the visual impact to surrounding areas. If an Antenna is installed on a structure other than a Tower, it and its supporting electrical and mechanical components must be of a color that is identical to or closely compatible with the color of the supporting structure so as to render it as visually unobtrusive as practicable. Whenever possible, Antennas on top of a building shall be placed in a location where they are not visible from street level.
(B) 
Design. All Wireless Telecommunication Facilities shall, to the extent practicable, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(C) 
Lighting. The Facility shall not be artificially lighted. If required by safety codes or as expressly authorized by the reviewing Board for good cause shown by the Applicant, lighting shall be designed to minimize to the maximum extent practicable the resultant disturbance to the surrounding views and properties, and shall comply with the Town's dark skies legislation in Chapter 143 of the Town Code. Any Person who commits an offense against the provisions of this section shall be deemed to be in violation of this Chapter and Chapter 143 and shall be subject to the fines and penalties set forth herein.
(D) 
Signs. The Facility shall not bear any signs or advertising devices other than legally required certifications, warnings, or other required seals or signage, or as expressly authorized by the reviewing Board for good cause shown by the Applicant. Any Person who commits an offense against the provisions of this section shall be deemed to be in violation of this Chapter and shall be subject to the fines and penalties set forth herein.
(E) 
Screening. Towers, equipment enclosures, and generator enclosures shall be landscaped with vegetation and/or fencing sufficient to screen the view of such uses from surrounding property, and to maintain the aesthetic quality of the surrounding community, typically consisting of at least one (1) row of mixed evergreen shrubs and trees capable of forming a hedge at least eight (8) feet in height.
(F) 
Preservation of site. Existing mature tree growth and natural land forms and topography at the site shall be preserved to the maximum extent possible.
(G) 
Stealth and Concealment. Where Antennas or other equipment cannot comply with these aesthetic requirements and would be easily visible from street level around the installation, the reviewing Board may require that solid opaque panels of sufficient size be installed to shield the equipment from view. No material that affects the ability of the Antennas to function will be required. Concealment may also be required on properties occupied by or adjacent to historic sites, schools, and houses of worship, and in the Hamlet Centers. The Stealth material should comply with the color and design standards in this chapter.
All Wireless Telecommunications Facilities in the following specified areas shall be designed and constructed in order to minimize the visual and audible impact on the surrounding areas. Unless the use of such design features would impair the ability of the Facility to provide Wireless Telecommunications services or is Commercially Impracticable, all Wireless Telecommunications Facilities shall utilize Collocation and Stealth Technology consistent with the prevailing natural and architectural features in the area in which the Facility is to be constructed or modified. In order to comply with these standards, all Wireless Telecommunications Facilities shall be consistent with the following standards.
(A) 
Hamlet Centers. Facilities to be located in the Town's Hamlet Centers shall comply to the extent permitted by existing technology, with the following criteria:
(1) 
Where technologically feasible, all Facilities shall be constructed and installed on either an existing Tower or the rooftops of commercial or retail buildings with adequate setback from the edge of the building to render them incapable of being visible from street level. Wherever technologically feasible, the placement of Facilities within existing architectural features such as steeples, cupolas, bell towers or similar structures so as to render them incapable of being visible is encouraged as a form of Stealth Technology or design. Where, due to technical limitations relating to either the structural limitations of the building on which the Facility is to be installed or because the Facility would be unable to provide a sufficient wireless signal to provide Wireless Telecommunication services, the Facility cannot be located upon a rooftop, the Facility shall be placed on the face of a building wall unless such placement would degrade the ability of the Facility to provide the necessary wireless signal. Wherever visible, the Facility shall be constructed in order to be consistent with the architectural features and match the color of the building on which it is installed in order to minimize, to the greatest degree possible, its visual impact upon the surrounding area.
(2) 
Where it is not feasible to locate a Facility on an existing building or Tower, the Antenna shall be placed inside a new decorative pole or clock of comparable design and color to those existing in the Hamlet Center at the time of the installation, raised to the Height necessary to ensure compliance with FCC RF limits. All equipment relating to the Facility other than the Antenna shall be vaulted underground. In the event it is not possible to vault the equipment for the Facility it shall be contained in a decorative base of identical color to the pole or clock so as to minimize its visual and audible impact. Associated electric meters shall be contained within the decorative base unless prohibited by the electric utility providing service to the Facility.
(3) 
In the event that due to either the inability to provide the necessary level of coverage or the absence of an existing Tower, suitable building site or new decorative pole in the area in which it is proposed to be constructed, the Facility cannot be constructed or installed in accordance with the requirements of 194-11(A)(1) or (2), it shall be constructed and installed on a pole utilizing Stealth Technology. Such poles shall consist of a "clamshell" or similar type base approved by the Town Board, Planning Board or Zoning Board of Appeals, in which all related equipment, including any associated electrical meter is fully contained inside the pole. Such Stealth Technology pole shall be painted a solid, opaque flat color so as to minimize the visual impact of the Facility on the surrounding area.
(B) 
Residential Zoning Districts. Facilities to be constructed in any residential zoning district or within one hundred (100) feet of a residential zoning district within the Town of Huntington shall comply, to the extent permitted by existing technology, with the following criteria:
(1) 
All Facilities installed on utility poles, including any electric meter required to provide service to the Facility, shall be painted a solid, flat color to match the color of the utility pole and minimize the visual impact on the surrounding area.
(2) 
In the event there is no existing utility pole or alternative structure in the area in which the Applicant proposes to construct and install the Facility, the Applicant shall construct and install the Facility utilizing Stealth Technology if directed by the Planning Board. Stealth poles shall consist of an opaque "clamshell" or similar type base approved by the Planning Board, in which all related equipment, including any associated electrical meter, is fully contained inside the pole. Such Stealth Technology Wireless Transmission Facilities shall be painted a solid, flat color to minimize the visual impact of the Facility on the surrounding area.
(C) 
Sensitive Locations. Facilities to be constructed within and adjacent to Sensitive Locations shall comply with the following criteria: The Applicant shall construct and install the Facility utilizing Stealth Technology if directed by the Planning Board. Stealth poles shall consist of an opaque "clamshell" or similar type base approved by the Planning Board, in which all related equipment, including any associated electrical meter, is fully contained inside the pole. Such Stealth Technology Wireless Telecommunications Facilities shall be painted a solid, flat color to minimize the visual impact of the Facility on the surrounding area.
At no time shall equipment noise (including chilling units, cooling fans, and backup generators or other power supplies) from any installation exceed the applicable requirements of the Town noise ordinance, and federal and state statutory requirements, whichever is stricter, at the site of the installation. Any Person who commits an offense against the provisions of this section shall be deemed to be in violation of this Chapter and the Noise Code in Chapter 141, or successor law, and shall be subject to the fines and penalties set forth therein.