In addition to the requirements in Article II, all Towers shall be subject to the following:
(A) 
Distance between Towers. The minimum distance between Towers shall be five thousand (5,000) feet, measured by drawing or following a straight line between the base of any existing like use and the base of the proposed use, delineated on a map or site plan. Said distance requirement may be reduced by the reviewing Board only after a finding that a specific Application merits a reduction and closer siting due to reception and/or transmission limitations caused by topographical interference, avoidance of residential neighborhoods.
(B) 
Towers shall be set back from any adjoining residentially-zoned or residentially-used lot line a distance equal to at least one hundred twenty-five (125%) percent of the Height of the Tower, and this requirement may be varied only if the reviewing Board finds that the relaxation of this standard will not create an unsafe condition or increased aesthetic impact. In addition, all Applicants shall demonstrate that the Tower is designed to fall within the located property and away from any building.
(C) 
All proposed Tower Applications shall contain a demonstration that the Facility will be sited so as to minimize visual intrusion, given the facts and circumstances involved and will thereby have the least adverse visual effect on the environment and its character, and on the residences in the area of the Wireless Telecommunications Facility. The Applicant shall show on the site plans or describe in writing how it shall effectively screen from view the base of the Tower and all related equipment, including generators, and structures of the proposed Wireless Telecommunications Facility. Landscaping and Stealth Technology will be required where possible as described in § 194-10 and § 194-11.
(D) 
The Applicant shall submit documentation justifying the total Height of any Tower requested and the basis thereof. The documentation shall include propagation studies at the requested Height and at least two intervals of twenty (20') feet lower in Height to support the request for the proposed Height.
(E) 
Security fencing. Such uses shall be surrounded by security fencing not less than eight (8) feet in height (unless Chapter 198 of the Town Code limits the height to six (6) feet) and shall be equipped with appropriate anticlimbing devices, where applicable.
(F) 
All utilities at a Tower site shall be installed underground whenever possible and in compliance with all laws, ordinances, rules, and regulations of the Town, including specifically, but not limited to, the 2020 New York State Uniform Fire Prevention and Building Code and the 2017 National Electrical Code, or successor laws as adopted by New York State, where appropriate.
(G) 
All Towers shall be constructed in accordance with ANSI/TIA-222-H or successor standards.
The following additional standards shall be applied unless the Application is an Eligible Facilities Request:
(A) 
New Towers shall be structurally designed to accommodate at least three (3) additional Antenna Arrays equal to those of the Applicant, and located as close to the Applicant's equipment as possible without causing interference. The requirement may be waived, provided that the Applicant, in writing, demonstrates that the provisions of future shared usage of the Tower is not technologically feasible, is Commercially Impracticable, or creates an unnecessary and unreasonable burden, based upon:
(1) 
The ability to comply with ANSI/TIA-222-H or successor construction standards;
(2) 
The kind of Wireless Telecommunications Facility site and structure proposed;
(3) 
The number of existing and potential FCC licenses without Wireless Telecommunications Facilities spaces/sites;
(4) 
Available space on existing and approved Towers.
(B) 
The owner of a proposed new Tower, and his/her successors in interest, shall negotiate in good faith for the shared use of the proposed Tower by other Wireless service providers in the future, and shall:
(1) 
Respond within a reasonable amount of time to a request for information from a potential shared-use Applicant;
(2) 
Negotiate in good faith concerning future requests for shared use of the new Tower by other Telecommunications providers;
(3) 
Allow shared use of the new Tower if another Telecommunications provider agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, less depreciation, and all of the costs of adapting the Tower or equipment to accommodate a shared user without causing electromagnetic interference.
(4) 
Failure to abide by the conditions outlined above may be grounds for revocation of the special use permit or other approval issued by the Town.
(C) 
If a new Tower or Modifications increasing the Height of an existing Tower is proposed, the Applicant shall furnish a Visual Impact Assessment, which shall include:
(1) 
A computer generated "Zone of Visibility Map" at a minimum of one (1) mile radius from the proposed structure, with and without foliage to illustrate locations from which the proposed installation may be seen.
(2) 
Pictorial representations of "before and after" (photo simulations) views from key viewpoints surrounding the proposed site. Provide a map showing the locations of where the pictures were taken and identify the distance between such locations and the proposed structure.