Co-location on existing wireless telecommunication services facilities previously approved by a duly authorized board of the Village, as identified on an inventory of existing wireless telecommunication services facilities which shall be maintained by the Village (the Eligible Co-Location Sites Inventory). Co-location shall be required unless it has been demonstrated to the satisfaction of the Village Board of Trustees that:

Nonresidential sites, buildings and structures located in business districts containing any other type of existing communications antenna previously approved by a duly authorized board of the Village.

Other lands in business districts.

Lands used for nonresidential purposes in a residence district.

Other lands in a residence district.

The height of any antennas or other associated equipment, structurally mounted as part of a wireless telecommunication services facility, shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment are affixed.

The height of any monopole utilized in a wireless telecommunication services facility shall not exceed 100 feet in height measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the structure.

Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunication services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the Village Board of Trustees. Except as otherwise provided by law, the applicant shall provide an annual certification of conformance with the applicable emissions standards and the requirements and conditions of special permit and site plan approval. Additionally, copies of certification reports shall be submitted to the Village Board of Trustees whenever they are required to be submitted to the FCC. The Village Board of Trustees may hire a qualified professional to review and confirm such initial and annual certification report, the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established for the reimbursement of professional review fees for subdivision, site plan and special permit applications. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of the Zoning Law or the conditions of special permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with § 220-18C of this Zoning Chapter.

The owner or operator of a wireless telecommunication services facility shall maintain standby power generators or batteries capable of powering the facility for at least 24 hours without additional public utility power and indefinitely with a continuous or replenished fuel supply. Such standby power shall activate automatically upon the failure of public utility power to the site. Notwithstanding the foregoing, the Planning Board may waive the requirement for backup power, where appropriate, including, but not limited to, when a wireless telecommunication services facility is for limited private use and not a component of a telecommunication system supplying services that may be available to subscribers or the general public.

An application for approval of a wireless telecommunication services facility shall be submitted on forms acceptable to the Building Department. Site development plan approval by the Planning Board in accordance with § 220-14 shall be required.

The operator of the wireless telecommunication service shall submit a certificate of public utility unless it can be demonstrated to the satisfaction of the Village Board of Trustees that the operator of such facility is exempt from such requirement pursuant to New York State law. The operator of such facility shall also demonstrate to the satisfaction of the Village Board of Trustees that there is a compelling public need for such facility at each location proposed by the applicant. Such demonstration shall include the preparation of existing and master effective service area plans which:

Any application for a wireless telecommunication services facility shall include a statement and appropriate documentation demonstrating that the Village's existing facilities inventory has been reviewed and, to the extent relevant to provide wireless telecommunication services in the area which is the subject of such application, that all reasonable efforts have been made to co-locate such facility on all sites identified in such existing facilities inventory and all other existing sites with communication antennas within the service area.

As a condition of permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing and prepared to the satisfaction of the Village Attorney, acknowledging that it shall be required to allow the co-location of other future wireless telecommunication service facilities unless otherwise unreasonably limited by technological, structural or other engineering considerations.

Where co-location of a wireless telecommunication services facility is proposed on a site regulated by an existing or proposed special permit, the added wireless telecommunication services facility shall be permitted as an amendment to the existing special permit for the site containing such facility by submission of an application for a building permit and without the need for an application for an amended special permit or site plan approval, provided such facility meets all of the otherwise applicable requirements of this chapter and no physical modification other than the attachment of the antennas and the installation of associated equipment to be located on the ground is required. An amended written narrative and certification report indicating conformance with all of the special permit standards and conditions of site development plan approval shall be provided in addition to all required information in support of the required building permit. An as-built drawing of the modified facilities shall be filed with the Building Department. The Building Inspector shall provide written notification to the Village Board of Trustees of such application for building permit.

The applicant and all future owners of the premises and the wireless telecommunication services facility shall at all times keep on file in the office of the Village Clerk the name, address, and telephone number of the owner and operator of such facility and of at least one individual who shall have authority to arrange for the maintenance of the premises and facility, and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and facility and to bind the owner to any settlement, fine, judgment, or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted by the Village against such owner and/or operator(s).