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.