An Application for proposed work qualifying as an Eligible Facility
Request shall be made to the Department of Planning and Environment,
and shall include the appropriate fee. The Department of Planning
and Environment shall, upon receipt of such an Application, promptly
review said Application to confirm that the proposed work qualifies
as an Eligible Facility Request. All Applications shall include the
following Application materials:
A statement of the nature of the Modification to the existing
Wireless Telecommunications Facility including the coverage and/or
Densification, and a description of its compliance with Town, State,
and Federal requirements and recommendations.
Copies of the completed building permit Applications that were
submitted to the Department of Engineering Services for the proposed
work simultaneously with the Application for an Eligible Facilities
Request.
For Eligible Facilities Request Applications, a site plan drawn
to scale meeting all the requirements contained in this Chapter and
the Subdivision and Site Plan Regulations of the Town, which shall
include:
The location of any proposed Towers, Antennas, equipment cabinets,
and generators, and all related fixtures, structures, appurtenances,
and apparatus, including a labeling of dimensions and setbacks, materials,
colors, and lighting.
Delineation of all distances between the proposed use and all
adjoining residentially-zoned or residentially-utilized properties,
and the distance between the nearest boundary line of any Sensitive
Location and the Facility at issue if the distance is five hundred
(500) feet or less.
If new Antennas are proposed, a report verifying that the Wireless
Telecommunication Facility will be in full compliance with the current
FCC RF Emissions guidelines. This report shall show the anticipated
radiofrequency emissions of the proposed Antenna installation combined
with all existing Antennas on the site, in comparison to FCC guidelines
at ground level and at same-Height exposure, if applicable, for general
population standards.
If new Antennas are proposed, a statement containing the following
information: (a) frequency and modulation of transmitting equipment;
(b) actual intended transmission power stated as the maximum effective
radiated power (ERP) in watts; (c) that an attached copy of the FCC
license for the intended use of the Telecommunication Facilities is
a true and complete copy; and (d) the number, type and model of the
proposed Antenna(s) with a copy of the specification sheet.
The Department of Planning and Environment shall determine whether
the proposed work or Modification to existing Wireless Telecommunications
Facilities or new installations qualifies as an Eligible Facility
Request. Notwithstanding an application's status as an Eligible Facilities
Request, the Town can consider and enforce generally applicable building,
zoning, structural, electrical, and safety codes in its review of
the application. A joint Application for the same type of Modifications
to multiple sites may be made provided a separate Application fee
is paid for each site subject to the provisions of this chapter.
The Director may require the retention of consultants, at the Applicant's
expense, to assist it in its determination. The review of the Application
may include a physical inspection of the site or facility at the discretion
of the Director.
If a request to classify an Application as an Eligible Facility is
denied, the fee paid for the review can be applied towards a new Application
for the standard approval before the appropriate Board.
If a request to classify an Application as an Eligible Facility is approved, no Town Board, Planning Board, or Zoning Board of Appeals approval in accordance with Articles V, VI, VII, and VIII will be required, except that proof of compliance with the insurance requirements set forth in § 198-25 shall be provided. Further, in the event that a request involves the Collocation of equipment by a new wireless carrier on Municipal Property, a Municipal Facility, or the Public Right-of-Way, the new carrier shall enter into a license agreement with the Town authorizing the use of the Municipal Property, Municipal Facility, or Public Right-of-Way, and pay an appropriate license fee to the Town. If applicable, Applicants will still have to demonstrate compliance with the design standards of Articles II and III.
Other necessary approvals. Eligible Facilities are subject to the
filing of Applications for and issuance of building permits, certificates
of occupancy, highway roadway opening permits, and other approvals,
as is applicable to each such installation. The Applicant shall pay
all required fees and charges for such approvals as established by
the Town Board or local law. Any Person who fails and/or neglects
to file an Application and secure all other necessary approvals and
permits before the commencement of work shall be deemed to be in violation
of this Chapter and shall be subject to the fines and penalties set
forth herein.