§ 90-6. Review procedure.

A. 

Presubmittal conference. Prior to application submittal, the Village strongly encourages all applicants to schedule and attend a presubmittal conference with the Board of Trustees to receive informal feedback on the proposed location, design and application materials. The presubmittal conference is intended to identify potential concerns and streamline the formal application review process after submittal. The Board of Trustees will endeavor to provide applicants with an appointment within approximately 10 business days after receipt of a written request.

B. 

Application submittal appointment. All applications must be submitted to the Village at a prescheduled appointment. Village staff will endeavor to provide applicants with an appointment within five business days after receipt of a written request.

C. 

Public hearing. The Board of Trustees shall conduct a public hearing on an application for a special permit in accordance with the requirements of Village Law § 7-725-b.

D. 

Legal notice. Notice of a public hearing for an application for a special permit under this chapter shall be mailed by the applicant by certified mail, return receipt requested, to the owners of all properties located within 500 feet of the location of each proposed wireless telecommunications facility at least 14 days prior to the date of the public hearing. A copy of the legal notice shall be published by the Village Clerk in a newspaper of general circulation in the Village at least 10 days prior to the date of the public hearing. The applicant shall provide proof of the required mailing prior to the public hearing.

E. 

Installation of temporary mock-up and posting of photo simulation. At least 10 days prior to the public hearing, the applicant shall install a temporary mock-up of the proposed wireless telecommunications facility and post a photo simulation thereof at each proposed location of a wireless telecommunications facility. The mock-up shall demonstrate the height and mass of the proposed wireless telecommunications facility, including all interconnecting cables. The applicant shall not install any wireless telecommunications facilities, or parts thereof, it intends to install permanently or as a part of the proposed wireless telecommunications facilities. The photo simulation shall depict before and after images of the wireless telecommunications facility, including any accessory equipment.

F. 

Referral to County Planning Commission. At least 10 days before the public hearing, the Board of Trustees shall refer a full statement of the special permit application to the Suffolk County Planning Commission, as required by § 239-m of the General Municipal Law and Article XIV of the Suffolk County Administrative Code.

G. 

Decision. The Board of Trustees may approve, conditionally approve or deny an application within 62 days following the close of the public hearing. The Board of Trustees shall not approve or conditionally approve an application for a special permit unless it makes the required findings set forth herein. A copy of the decision shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

H. 

Required findings. No special permit shall be granted for a wireless telecommunications facility unless all of the following findings are made by the Board of Trustees:

(1) 

The proposed wireless telecommunications facility has been designed and located in compliance with all applicable provisions of this chapter.

(2) 

If applicable, the applicant has demonstrated its inability to locate on existing infrastructure.

(3) 

The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter a public right-of-way pursuant to federal or state law, or the applicant has entered into a franchise agreement or right-of-way use agreement with the Village permitting them to use a public right-of-way for the proposed wireless telecommunications facility(ies).

(4) 

The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible and supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technically infeasible or not available.

I. 

Notice of "shot clock" expiration. The Village acknowledges there are federal "shot clocks" which may be applicable to a proposed wireless telecommunications facility in the public rights-of-way. That is, federal law provides time periods in which the Village must approve or deny a proposed wireless telecommunications facility in the public rights-of-way. As such, the applicant is required to provide the Village written notice of the expiration of any shot clock, which the applicant shall ensure is received by the Village (e.g., overnight mail) no later than 20 days prior to the expiration of any applicable shot clock. The applicant's failure to provide such timely notice shall be deemed applicant's assent to an extension of time of the expiration of the shot clock for a period of 30 days.

J. 

Conditions. The Board of Trustees may impose such reasonable conditions and restrictions as are directly related to and incidental to the special permit.

K. 

Court review. Any person aggrieved by the Board of Trustees decision on a special permit may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of the Board's decision in the office of the Village Clerk.