(1) Applications for Section 6409(a) eligible facilities must include:
 

(a) Identification of all applicants, site developers and FCC-licensed wireless carriers on whose behalf the application is being submitted, as well as the property owner of the proposed site.

(b) All applicable application and other fees then being charged by the Town for such applications, and any deposits the Town requires be submitted with the application.

(c) An email address and a U.S. mail address to which the Town may email or mail notices to comply with any notice requirement under this section, as well as under any local, state and/or federal law or requirement.

(d) Copies of the Federal Communications Commission (FCC) license, if applicable, and of all documents submitted to the FCC or any other governmental agency having jurisdiction over the proposed eligible facilities.

(e) Written documentation sufficient to show that the proposed deployment is an eligible facilities request. This documentation shall include a drawn-to-scale depiction containing complete calculations for all of the proposed eligible facilities to show whether they, when installed, will meet the physical size limitations and other requirements to qualify them as Section 6409(a) eligible facilities.

(f) Written documentation sufficient to show that the proposed deployment complies with all applicable building, structural, electrical and safety codes and with all other laws codifying objective standards reasonably related to health and safety. This documentation shall include a certification by a professional engineer licensed to practice in the State of New York that the eligible facilities have been designed in accordance with generally accepted good engineering practices and in accordance with generally accepted industry standards [including but not limited to the most recent applicable standards of the Institute of Electrical and Electronics Engineers (IEEE) and the American National Standards Institute (ANSI)], and if constructed, operated and maintained in accordance with the plans the eligible facilities (including the PWSF structure), and other PWSFs and FCC-authorized wireless communication service facilities on the site will be safe, will be in accordance with all applicable governmental building codes, laws and regulations and in accordance with generally accepted good engineering practices and industry standards, including, without limitation, acceptable standards as to stability, wind and ice loads, and bird protection.

(g) An FCC compliance report, as described in Subsection I below.

(h) Written documentation sufficient to show compliance with all relevant federal requirements, including all applicable FCC, FAA, NEPA, and NHPA requirements. If NEPA review requirements apply and the applicant asserts the proposed personal wireless service facility falls under any categorical exclusions, the applicant shall identify which categorical exclusion(s) the applicant is asserting applies and submit proof that the facility falls under the categorical exclusion(s).

(i) Completed Part 1 of the relevant New York State environmental assessment form.
(j) All of the information required by Town Code § 125-5 (Building permits), if applicable.

(k) Where an applicant is not the owner of the real property upon which the applicant seeks to co-locate Section 6409(a) eligible facilities, proof of the property owner's consent to the deployment of the eligible facilities on the real property and agreement to comply with this § 270-219. If the applicant is leasing all or a portion of real property upon which it intends to install its new eligible facilities, the applicant shall provide a written copy of its lease with the owner of such property. The applicant may redact any financial terms contained within the lease, but it shall not redact any portion of the lease which details the amount of area leased nor the specific portion of the real property to which the applicant has obtained the right to occupy, access, or preclude others from entering.

(l) Where an applicant is not the owner of the existing tower or base station upon which the applicant seeks to co-locate Section 6409(a) eligible facilities, proof of the tower or base station owner's consent to the co-location of the eligible facilities onto the existing tower or base station and agreement to comply with this chapter.

(2) Applications for all other PWSFs must include:
 

(a) Completed project application forms in such detail and containing such information as the Director of Planning or Director of Code Enforcement may require, including identification of all applicants, site developers and FCC-licensed wireless carriers on whose behalf the application is being submitted, as well as the property owner of the proposed site.

(b) All applicable application and other fees then being charged by the Town for such applications, including any right-of-way fees that the Town Board may set from time to time by resolution, and any deposits required by the Town for application to the costs of any consultants retained by the Town as provided below.

(c) An email address and a U.S. mail address to which the Town may email or mail notices to comply with any notice requirement under this section, as well as under any local, state and/or federal law or requirement.

(d) Copies of the Federal Communications Commission (FCC) license, if applicable, and of all documents submitted to the FCC or any other governmental agency having jurisdiction over the facility.

(e) If the applicant claims that its proposed installation qualifies as a small wireless facility within this section, a drawn-to-scale depiction that includes complete calculations for all of the components of the facility depicting that, when completed, the facility will meet the physical size limitations which enable the facility to qualify as a small wireless facility.

(f) Written documentation sufficient to show that the proposed facilities comply with all applicable building, structural, electrical and safety codes and with all other laws reasonably related to health and safety. This documentation shall include a certification by a professional engineer licensed to practice in the State of New York that the facilities (including any proposed co-locations) have been designed in accordance with generally accepted good engineering practices and in accordance with generally accepted industry standards [including but not limited to the most recent applicable standards of the Institute of Electrical and Electronics Engineers (IEEE) and the American National Standards Institute (ANSI)], and if constructed, operated and maintained in accordance with the plans the facilities will be safe, will be in accordance with all applicable governmental building codes, laws and regulations and in accordance with generally accepted good engineering practices and industry standards, including, without limitation, acceptable standards as to stability, wind and ice loads, and bird protection.

(g) An FCC compliance report, as described in Subsection I below.

(h) Written documentation sufficient to show compliance with all applicable federal requirements, including all applicable FCC, FAA, NEPA, and NHPA requirements. If NEPA review requirements apply and the applicant asserts the proposed personal wireless service facility falls under any categorical exclusions, the applicant shall identify which categorical exclusion(s) the applicant is asserting applies and submit proof that the facility falls under the categorical exclusion(s).

(i) Completed Part 1 of the relevant New York State environmental assessment form.
(j) A visual impact analysis, as described in Subsection J below.
(k) All of the information required by Town Code § 125-5 (Building permits), if applicable.

(l) Where site plan review is required, a site plan and other documentation that complies with Town Code § 270-186 (Site plan requirements) and also contains the following: see § 270-219G(2)(l) for details.

(m) Where an applicant is not the owner of the real property upon which the applicant seeks to deploy facilities, proof of the property owner's consent to the deployment of the facilities on the real property and agreement to comply with this § 270-219. If the applicant is leasing all or a portion of real property upon which it intends to install its new facilities, the applicant shall provide a written copy of its lease with the owner of such property. The applicant may redact any financial terms contained within the lease, but it shall not redact any portion of the lease which details the amount of area leased nor the specific portion of the real property to which the applicant has obtained the right to occupy, access, or preclude others from entering.

(n) Where an applicant seeks to co-locate facilities and is not the owner of the PWSF structure upon which the applicant seeks to co-locate the facilities, proof of the PWSF structure owner's consent to the co-location of the proposed facilities onto the existing PWSF structure.

(o) An agreement by the owner and operator (if different from owner) that complies with the requirements set forth in Subsection P below for removal of all personal wireless service facilities and restoration of the site to its original condition if the facility becomes obsolete or ceases to be used for its intended purpose for 120 consecutive days.

(p) An agreement that the applicant will negotiate in good faith with any subsequent applicant seeking to co-locate a personal wireless service facility on the initial applicant's PWSF structures. This agreement shall commit the initial applicant and landowner and their respective successors in interest to: see § 270-219G(2)(p) for details.

(q) Information required by, and proof of compliance with, Subsection H (Co-location) below.

(r) If site plan approval and special permit are required, and if co-location onto an existing structure is not proposed and is not feasible, an alternative site analysis of all potentially less intrusive alternative sites not involving co-location which the applicant has considered. This alternative site analysis shall document each site's respective location, elevation, and suitability to remedy a significant gap in the coverage of the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network). For suitable alternative sites that an applicant claims are unavailable, the applicant shall submit evidence of good-faith efforts to secure use of each such site from its owner.

(s) If site plan approval and special permit are required, evidence of the existence of a significant gap in the coverage of the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network). See § 270-219G(2)(s) for details.

(t) Where the applicant asserts that a denial would constitute an effective prohibition, the applicant shall submit evidence that the proposed facilities are the least intrusive means of addressing a significant gap in the applicant's personal wireless services (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network).

(u) A noise study or written statement, prepared by a professional engineer licensed to practice in the State of New York, assessing the proposed personal wireless service facility's compliance with the noise requirements in Subsection M. The assessment shall include noise from equipment, such as air-conditioning units and backup generators.

(v) An economic analysis study of the property value impacts that the construction and operation of the PWSF may have on all adjacent properties located within 500 feet of the parcel boundaries on which the PWSF is located.

See § 270-219: Personal wireless service facilities for complete, detailed information.
See Building Forms for more information.