A. 
Applicants are encouraged to locate, site and erect all wireless telecommunications facilities in order of the following preference 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 new towers on properties zoned for commercial or industrial use.
(5) 
On new towers on properties zoned for residential use.
(6) 
On Town rights-of-way adjacent to residentially zoned areas.
B. 
The existence of a lease agreement or investments in studying one location shall not be considered as a valid reason to bypass a location of higher priority.
C. 
Except as otherwise set forth in Article IV (Eligible Facilities Requests and Small Wireless Facility Requests) of this chapter, before locating an entirely new facility in a residentially zoned area, the applicant must demonstrate that its facility cannot achieve its intended purpose by being placed within or upon an existing tower or other wireless telecommunications facility, or within or upon a 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. Such evidence is also required to support requests to locate new wireless telecommunications facilities within a sensitive location, environmentally sensitive land, 150 feet of the boundary lines of property containing a public or private school or licensed 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/or
(2) 
The availability and suitability of a less intrusive location based on the criteria in this chapter, 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 provided that the applicant's ability to provide wireless telecommunications is not prohibited and unless the applicant demonstrates that there exists no alternative technologically feasible means of providing the desired service. 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.
G. 
Any carrier with at least one noncompliant use or noncompliant structure in the Town of Smithtown shall not be eligible for any new approvals for a wireless communications facility by the Town until the preexisting noncompliant use or noncompliant structure is brought into compliance with this chapter.
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 lands and areas, and other appropriate factors in reviewing and approving any wireless telecommunications facility application under this chapter.
B. 
The Town 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, scenic or visual space or corridor, or a culturally significant resource.
(10) 
Any other relevant factor under statutory and decisional law, and regulatory agency rulings.
C. 
Unless the Town determines that a new wireless telecommunications facility will be less intrusive than an existing structure, or based upon other considerations is better suited, no application shall be granted unless the applicant demonstrates to the reasonable satisfaction of the Town 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 other suitable lawfully and permitted existing structures or wireless telecommunications facilities are available for collocation within the geographic area which meet the applicant's engineering requirements without which the applicant's ability to provide wireless telecommunications services would be materially inhibited.
(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 without the proposed facility, its ability to provide wireless telecommunications services would be materially inhibited. In determining whether the ability to provide wireless telecommunications services would be materially inhibited, the applicant must demonstrate and the Town must find that the gap in service or need for densification 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 in which the applicant contends there exists a gap in service or need for 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 Town shall be guided by standards set or as interpreted by federal or state law, decisional law and regulatory agencies.
F. 
Notwithstanding anything to the contrary in this chapter, an applicant may not install a small wireless facility on a decorative pole or replace a decorative pole with a new decorative pole, unless the replacement pole is in keeping with the aesthetics of the decorative pole.
G. 
Each component part of facilities installed on utility poles shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the right-of-way, or safety hazards to pedestrians and motorists.
H. 
All facilities installed on utility poles, shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other public health and safety facility.
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 Town may require to reduce the visual impact to surrounding areas. If an antenna is installed on an existing base station or 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 feasible, antennas on top of an existing base station or 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 feasible, 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, the FAA, or as expressly authorized by the Town 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. 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.
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 Town for good cause shown by the applicant.
E. 
Screening. To the extent feasible, 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.
F. 
Preservation of site. Existing mature tree growth and natural landforms 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 Town 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 residential districts, historic sites, schools, and houses of worship. The stealth material should comply with the color and design standards in this chapter.
H. 
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.
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. 
Residential zoning districts. Facilities to be constructed in any residential zoning district or within 150 feet of a residential zoning district within the Town 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 Town. Stealth poles shall consist of an opaque "clamshell" or similar type base approved by the Town, 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.
(3) 
No ground-mounted equipment cabinet shall be installed adjacent to the frontage of any residential property within a residential district. For purposes of this subsection, the term "frontage" shall mean the area adjacent to the front property line of a residential property that faces the main entrance of a residential structure on the residential property.
(4) 
All cables, including, but not limited to, electrical and utility cables, between the pole and any accessory equipment shall be placed underground.
B. 
Sensitive locations. Facilities to be constructed in sensitive locations or environmentally sensitive lands shall comply with the following criteria: The applicant shall construct and install the facility utilizing stealth technology if directed and approved by the Town. Such stealth technology may include but shall not be limited to poles that shall consist of an opaque "clamshell" or similar type base approved by the Town, in which all related equipment, including any associated electrical meter, is fully contained inside the pole provided same does not materially inhibit the applicant's ability to provide wireless telecommunications services. 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 Chapter 207 of the Town Code, Noise, or 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 207, or successor law.
A. 
Except as otherwise expressly provided herein, no person shall site, place, build, construct, or modify any wireless telecommunications facility without having first obtained a special exception use permit and any and all other approvals or permits required herein or under other applicable law. In addition to all required permits, no person shall site, place, build, construct or modify any wireless telecommunications facility without, if applicable, having first obtained a special exception use permit from the Board of Appeals, building permit, and certificates of compliance and/or other necessary approvals for each node, antenna, piece of equipment or structure to be installed.
B. 
All applications for a special exception use permit or other approval under this chapter shall commence with the submission of the appropriate application(s) to the Planning Department for a wireless telecommunications facility. The Board of Appeal's procedures shall be as provided in Article 16 of the Town Law and Article XII of the Town's Zoning Ordinance.