§ 75-6. Special Permits.

A. 

Wireless Telecommunications Facility Installations eligible for a Special Permit. Subject to the provisions of this section, the Town Board is authorized to review and approve, or approve with modifications, applications for Special Permits for all Wireless Telecommunications Facility Installations not eligible for an Antenna Location Permit as provided for in § 75-5 above.

B. 

Priority list. The following is a list of priorities (in order of preference with (1) being the most preferred) for the placement of Wireless Telecommunications Facilities which do not qualify for an Antenna Location Permit as provided for in § 75-5 above:

(1) 

New Wireless Telecommunications Facilities (including cells on wheels) in the Industrial A (I-A), Industrial B (I-B), Planned Industrial Park (PIP), Modified Planned Industrial Park (MPIP) and Transportation (T) Zoning Districts which:

(a) 

Are designed or located so that the visual impact of the facility is minimized either by:

[1] 

Utilizing some type of stealth technology to camouflage their appearance as Wireless Telecommunications Facilities; or

[2] 

By being located on a portion of the site where they are not visible from any residential area, public roadway, public property, site of historical significance or scenic area; and

(b) 

Are located more than 200 feet from the nearest property line of a residential site or the nearest boundary line of a residential zoning district (whichever is closer); and

(c) 

Are located more than 200 feet from the nearest property line or boundary of any park, scenic area, site of historical significance; and

(d) 

Are located more than 200 feet from the nearest property line of a school.

(2) 

New Wireless Telecommunications Facilities (including cells on wheels) in the Industrial A (I-A), Industrial B (I-B), Planned Industrial Park (PIP) and Modified Planned Industrial Park (MPIP) Zoning Districts which:

(a) 

Meet one or more of the criteria listed in § 75-6B(1) above.

(3) 

New Wireless Telecommunications Facilities (including cells on wheels) in the Industrial A (I-A), Industrial B(I-B), Planned Industrial Park (PIP) and Modified Planned Industrial Park (MPIP) Zoning Districts which:

(a) 

Do not meet any of the criteria listed in § 75-6B(1) above but are less than 50 feet tall.

(4) 

New Wireless Telecommunications Facilities (including cells on wheels) in the Business AA (B-AA), Business A (B-A), Business B (B-B), Hospital (H) or Service Commercial (SC) Zoning Districts which:

(a) 

Meet one or more of the criteria listed in § 75-6B(1) above.

(5) 

New Wireless Telecommunications Facilities (including cells on wheels) in the Business AA (B-AA), Business A (B-A), Business B (B-B), Hospital (H) or Service Commercial District (SC) which:

(a) 

Meet one or more of the criteria listed in § 75-6B(1) above.

(6) 

All other Wireless Telecommunications Facilities and structures.

C. 

Special Permit application fees. The application fee for such a Special Permit shall be in the amount indicated in the Town of North Hempstead Fee Schedule.

D. 

Special Permit application requirements. The Building Commissioner and the Planning Commissioner are authorized to design appropriate application forms, if necessary, to assist in the completion and evaluation of an application packet. These application requirements shall apply to all Special Permit applications. The following materials shall be submitted to the Building Commissioner, who shall certify that an application packet is complete before forwarding it to the Town Board for review:

(1) 

All items required in § 75-5D above.

(2) 

For all Special Permit applications, provide documentation as to how the proposed facility meets any one or more of the criteria listed in § 75-6B herein.

(3) 

A definition of the area of service to be served by any proposed wireless telecommunications facility and information showing how any proposed wireless telecommunications facility would provide needed coverage or capacity.

(4) 

A description of the technological requirements for the proposed site (i.e., height requirements, coverage requirements, etc.).

(5) 

Total anticipated capacity of any proposed freestanding wireless telecommunications facility such as a monopole or tower.

(6) 

A list and description of all existing telecommunications facilities within the described service area (search ring), including the name of the owners of each site and the names of all wireless carriers operating facilities at the site.

(7) 

A "Zone of Visibility Map" or photo simulations in order to determine locations where the wireless telecommunications facility and supporting structure(s) may be seen, including "before" and "after" views, from key viewpoints. These key viewpoints will include, but not be limited to, any historic site or historic district or any staffed Town of North Hempstead park facility, within one mile of a proposed wireless telecommunications facility (to be measured from the outer limits of the structure supporting the proposed facility, i.e., towers, buildings, etc.).

(8) 

Where excavation or disturbance of land is required as part of the installation of any wireless telecommunications facility, a utilities inventory showing locations of all affected water lines, sewage lines or power lines must be provided by the applicant.

(9) 

A landscape plan demonstrating how the proposed facility will be screened.

(10) 

An analysis of at least three alternatives as set forth in Subsection E below.

E. 

Review of alternatives.

(1) 

Every applicant for a Special Permit must establish either:

(a) 

That no existing site (i.e., a collocated site which would qualify for an antenna location permit), a site listed higher on the priority list (§ 75-6B herein) or a site located within the Northern State Parkway or Long Island Expressway transportation corridor would satisfy the needs of the applicant for either technological, legal, economic or other reasons; or

(b) 

That the owner(s) of an existing site(s) would not allow for the collocation of a wireless telecommunications facility by the applicant. The applicant must prove that a reasonable effort was made to negotiate with the owners of such facilities, such proof to include, but not be limited to, copies of all letters, proposals, documents, etc., which were sent to or received by the owner(s) of an existing wireless telecommunications facility (or structures containing existing facilities) regarding permission to collocate on such facilities.

(2) 

In order to establish the facts listed in Subsection E(1) above, the applicant shall present an evaluation of at least three alternatives comparing the characteristics of each of the sites with the requirements of the proposed facility and demonstrating why the alternative sites would result in a significant gap in coverage and that the applicant's solution is the least intrusive means to filling this gap. Reasons supporting such a determination could include, but not be limited to, the following:

(a) 

Existing structures and/or towers are not of sufficient height to meet the applicant's engineering requirements within the geographic service area described.

(b) 

Existing structures and/or towers do not have sufficient structural strength to support the applicant's antennas and equipment.

(c) 

The applicant's proposed antenna or antennas would cause electromagnetic interference with the antenna or antennas of the existing Wireless Telecommunications Facilities.

(d) 

The cost or contractual provisions required by the owner of an existing wireless telecommunications facility site, or to adapt an existing wireless telecommunications facility site for sharing, would exceed the cost of erecting a new site.

F. 

Review of Special Permit applications by the Town Board. The Town Board may issue a Special Permit, provided that it shall have determined that all of the requirements in this chapter have been satisfied and, further, that the benefits of and need for the proposed facility outweigh the detriment to the health, safety and welfare of the neighborhood or community.

(1) 

In granting a Special Permit, the Town Board may impose additional conditions necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties. The Town Board may also reduce or waive conditions described in this chapter, but only upon finding that the goals and stated intent of this chapter are better served and that doing so will have no detrimental effect on adjacent properties or on the public health, safety and welfare.

(2) 

All property owners within 200 feet or three times the height of any proposed tower or other wireless telecommunications facility, whichever is greater, shall receive notice by registered mail of any hearing scheduled by the Town Board regarding a Special Permit. This notice shall be sent in the same manner as described in § 70-225 of the Town Code. The cost of this notice shall be borne by the applicant.

(3) 

The Town Board is authorized to hire any consultants and/or experts necessary to assist in reviewing and evaluating the application. The applicant shall reimburse the Town of North Hempstead for all costs and expenses incurred for such evaluation and consultation. Notice of the hiring of a consultant/expert shall be given to the applicant prior thereto. Failure to reimburse the Town of North Hempstead within a reasonable period of time may constitute sufficient grounds for the disapproval or revocation of a Special Permit.

G. 

Term and renewal of Special Permits. The Special Permit has an initial term of three years. At the expiration of its three-year term, an application for renewal of the Special Permit may be filed with the Commissioner of Building and Safety Inspection and Enforcement, together with a fee in the amount indicated in the Town of North Hempstead Fee Schedule and current certification by a licensed professional engineer or other qualified person that the wireless telecommunications facility is within the nonionizing electromagnetic radiation levels adopted by the FCC. The permit may be renewed upon a finding that the wireless facility is structurally sound and complies with the provisions of the law and has not been changed or otherwise modified since the issuance of the Special Permit, unless authorized in the Special Permit.