(A) 
The reviewing Board may require the Applicant to erect a structure at the Applicant's expense to house or screen the proposed Antenna and related equipment, as it deems necessary or desirable in accordance with the established guidelines in § 194-10(G).
(B) 
The Town Board, Board of Trustees, or Zoning Board of Appeals, as the case may be, may reduce the Height of the proposed Tower, Antennas, or other Facilities and structures or make other Modifications to the proposed Wireless Telecommunication Facility for the purpose of making aesthetic improvements, even if it means that the Gap in Service or Densification is not fully remedied; substantial remediation of the Gap in Service or Densification shall be sufficient.
(C) 
The reviewing Board may refer an Application to other Town agencies or departments for recommendations on any issue it deems necessary and proper. Such referral shall specify the reasons for the referral.
(D) 
The reviewing Board may retain a Consultant(s) 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 Board on any technical aspect of the Application. The review of the Application may include a physical inspection of the site or facility.
(E) 
The reviewing Board may place special conditions or limitations on the approval of an application that include the following:
(1) 
Location of principal and accessory structures.
(2) 
Limitation on signs or advertising devices, including number, size, location, type, and illumination.
(3) 
Limitation on amount, location, intensity, and direction of exterior illumination, including the imposition of stricter standards than those provided in Chapter 143.
(4) 
Amount, location, and improvement of off-street parking and loading spaces.
(5) 
Type, location, and design of drainage and drainage structures.
(6) 
Control of access and circulation within the premises.
(7) 
Grading and the location and type of retaining walls or structures.
(8) 
Landscaping, screening, fencing, and walls, including the location and types of plantings and fencing required for screening purposes.
(9) 
Structural changes.
(10) 
Control or elimination of smoke, dust, gas, noise, vibration, odor, and lighting.
(11) 
Other conditions found by the Board to be necessary.
(A) 
As a condition of processing any matter over which it has jurisdiction, the reviewing Board may commission independent studies and retain a Consultant(s) at the Applicant's expense to verify that the proposed Wireless Telecommunication Facility complies with the applicable limits for RF emissions, that the proposed Facility is necessary to remedy a Gap in Service or Densification at specified location(s), and to advise the Board on any technical aspect of the Application, including, where applicable, services rendered in connection with the negotiation of a license, and the site plan pre-application process. The Applicant shall submit to the Department of Planning and Environment or other town department for deposit into a non-interest bearing trust and agency account maintained by the Town an amount established by the Town Board to be utilized by the Town to pay for such services during the review process. The Consultant shall provide the Applicant and the Department of Planning and Environment with copies of its monthly invoices for services rendered by e-mail transmission. In the event the sum on deposit has a balance of less than 20% of the amount initially deposited by the Applicant, the Applicant shall, upon notice from the Town, deposit additional amounts so that the balance on deposit reaches at least 50% of the amount initially deposited. No further action or review of the Application shall be conducted until such balance is reached. After all reasonable charges have been paid to the vendor(s) by the Town, any balance remaining on deposit in the account shall be returned to the Applicant. In the event an Application is withdrawn at any stage by the Applicant, any unused portion of the sums on deposit shall be returned to the Applicant.
(B) 
In its discretion the reviewing Board may adopt or reject, in whole or in part, the findings and determinations of any Consultant or study commissioned by the Board or Applicant.
In the event the Applicant objects to the charges contained in an invoice, the Applicant shall have twenty (20) business days from receipt of the invoice or a request to replenish the Consultant Escrow to file a written Notice of Objection to the charge(s) addressed by e-mail to the Town Attorney and the Consultant. Said Notice of Objection shall identify, with specificity, the date on which the service(s) which the Applicant disputes were rendered; the type of service(s) rendered by the Consultant which the Applicant disputes, and the grounds upon which it contests either the necessity for such service(s) or that the time expended in performing the service(s) is excessive; and, the precise monetary amount by which the Applicant contends that the amount charged for the disputed service(s) exceeds the reasonable and necessary charges for the service(s) rendered. The Applicant may not raise an objection, however, that the hourly rate charged by the Consultant is per se unreasonable. The Applicant shall attach to the Notice of Objection a copy of the invoice upon which the disputed charge(s) appears. The Notice of Objection shall state that prior to the filing of the objection the Applicant and the Consultant have conferred in good faith in an effort to resolve the dispute or alternatively, the reason why they have been unable to do so. The Town Attorney shall have ten (10) business days from receipt of the Notice of Objection to refer the matter to an Administrative Hearing Officer selected by the Town Attorney, who may be an employee of the Town, to conduct the administrative hearing. If no objection is filed or if an objection is filed beyond the twenty (20) day period, the invoice or request to replenish the Consultant Escrow shall be paid in its entirety from the amount maintained on deposit or new funds provided by the Applicant.
At least ten (10) business days prior to the administrative hearing, written notice of the date, time, and place of the hearing shall be provided by the Administrative Hearing Officer to the Consultant and to the Applicant at the address shown on the Application by regular or certified mail, return receipt requested, or by e-mail, at the option of the Administrative Hearing Officer.
(A) 
Conduct of hearings.
(1) 
Unless otherwise directed by the Administrative Hearing Officer, not less than three (3) days prior to the date set for the hearing, the Applicant and the Consultant shall submit to the Administrative Hearing Officer a written position statement as to why the fees charged by the Consultant should be disallowed, reduced, or sustained. Absent good cause shown, the written statement shall not exceed five (5) pages, not including attachments. In support of their respective position statement, either party may submit affidavits or documentary evidence for consideration by the Administrative Hearing Officer. In his/her sole discretion, the Administrative Hearing Officer may permit the filing of reply statements or additional documentary evidence as may be necessary to render a determination of the objection. The administrative hearing may only be adjourned upon good cause shown at the discretion of the Administrative Hearing Officer.
(2) 
The burden of proof shall be on the Applicant to establish that a particular service was unnecessary, or the time expended by the Consultant was excessive.
(3) 
In the event deemed necessary to clarify the issues, the Administrative Hearing Officer may, in his/her sole discretion, direct that live testimony be presented either in support of or opposition to the objection. Any live testimony taken at the hearing shall be recorded.
(4) 
At the request of either the Applicant or the Consultant, and with the consent of the other party, prior to rendering a report and recommendation as to the issues at the hearing, the Administrative Hearing Officer may act as mediator in an effort to assist the parties in reaching a negotiated resolution of the dispute. In the event that the parties are unable to reach a settlement of the dispute, the Administrative Hearing Officer's participation in the mediation shall not serve as a bar to his/her issuance of a report and recommendation as to the issues at the hearing.
(B) 
Report and recommendation. The Administrative Hearing Officer shall consider the evidence, and shall, within ten (10) business days of the close of the hearing, submit his/her written findings and recommendations to the Town Attorney for ultimate determination, with a copy to the Planning Department. A copy of the Administrative Hearing Officer's findings and recommendation(s) shall be filed with the Huntington Town Clerk and served upon the Applicant by regular mail and/or certified mail, return receipt requested, or by e-mail to the address shown on the Application, and upon the Consultant within five (5) business days after a recommendation is issued.
(A) 
The Town Attorney may adopt or reject, in whole or in part, any portion of the Administrative Hearing Officer's findings and recommendation(s) and shall submit his or her written interlocutory decision within ten (10) business days of receipt of same. A copy of the written interlocutory decision shall be provided to the Applicant and the Consultant in the same matter as the notice of hearing, and filed with the Huntington Town Clerk with a copy to the Planning Department within two (2) business days of the Town Attorney's finding.
(B) 
In the event that a Notice of Objection is filed by the Applicant, no monies, which are challenged in the administrative proceeding, shall be disbursed from the Consultant's Escrow established pursuant to § 194-50, either in payment of the Consultant or as reimbursement to the Applicant, until the Town Attorney has issued and filed his/her written interlocutory decision from the Administrative Hearing Officer's report and recommendation.
(C) 
Interlocutory Decision and Replenishment of Escrow. Any decision of the Town Attorney which adopts, modifies or rejects the findings and recommendation(s) of the Administrative Hearing Officer from any challenge to the fees charged or services rendered by the Consultant shall not be deemed final, and the time in which to challenge said administrative decision pursuant to Article 78 of the Civil Practice Law and Rules shall not commence, until a certificate of completion closing out the application is issued, or the application has been discontinued or withdrawn. Notwithstanding any interlocutory decision which reduces the Consultant's fees, until a certificate of completion is issued concluding the application process, nothing set forth in this Article IX shall be deemed to relieve the Applicant of the duty to replenish the Consultant Escrow pursuant to § 194-50(A).