A local government shall not unreasonably discriminate among providers of functionally equivalent services; and

A local government shall not prohibit or have the effect of prohibiting the provision of personal wireless services; and

A local government shall not prohibit or have any request for authorization to place, construct or modify personal wireless services facilities within a reasonable period of time after the request is filed; and

A local government shall put any decision to deny a PWSF into writing and support such decision by substantial evidence contained in a written record; and

A local government shall not regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the Federal Communications Commission Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines).

Protect the health, safety and welfare of the residents of the Village.

Protect natural features, aesthetics and residential character of the neighborhoods within the Village and the efficient and orderly development of land uses from potential adverse impacts.

Promote and encourage the location of these devices in nonresidential areas of the Village.

Minimize the total number of such devices constructed throughout the Village within functional limits.

Promote and encourage joint use of such new and existing devices and discourage the erection of such devices for single users.

Promote and encourage location of such devices, to the extent possible, in areas where adverse impacts on the surrounding neighborhoods is minimized.

Promote and encourage configuration of such devices in a manner that minimizes adverse visual impacts through careful design, siting, landscaping, screening and innovative camouflaging techniques.

Promote the ability to providers of services related to such devices to supply such services as effectively though adequate engineering and siting requirements.

Prohibit potential damage to adjacent and/or nearby properties from collapse or failure of such devices through adequate engineering and siting requirements.

Regulate all wireless communication facilities fairly and non-discriminataorityamong and between the various companies engaged in constructing and/or operating wireless communication facilities within the boundaries of the Village of Port Washington North.

Zoning. Such uses shall only be permitted within commercial and industrial zoning districts of the Village of Port Washington North, unless special and unique circumstances demonstrate by clear and convincing proof that a communications system cannot properly function without the location of such a use in a specific residential area. The applicant has the burden of proof.

Inventory. Any application for such uses shall include an inventory of all existing like uses, or sites approved for like uses, that are either within the jurisdiction of the Village of Port Washington North or within two miles of the border thereof, including specific information about the location, height and design of each wireless communication facility, compiled by the applicant from municipal records. The applicant shall be required to prove that existing wireless communication facilities are not adequate to remedy any gaps in the applicant coverage.

The applicant owns any other use, structure or facility in the Village of Port Washington North that has been shown by the Village to be in arrears from any property tax bill.

The owner of the property or the owner of the structure to which the personal wireless service facilities is proposed for attachment has been shown by the Village to be in arrears from any property tax bill.

The applicant owns any other use, structure or facility in the Village of Port Washington North that has not received proper zoning and/or building permits in accordance with the Village Code of Port Washington North.

The owner of the property or the owner of the structure to which the personal wireless service facility is proposed for attachment has not received proper zoning permits or building permits in accordance with the Village Code of Port Washington North.

No such application shall be accepted by the Village until outstanding building violations are satisfied.

Certification by a qualified professional setting forth that such use meets or exceeds current standard regulations of the FAA, FCC and any other state or federal agency having proper authority.

A scaled site plan which meets all the site requirements of the Code of the Village of Port Washington North and any applicable regulations.

Delineation of all setback distances between the proposed use and all adjoining structures and properties.

Delineation of all distances from other like uses described in the inventory of existing sites submitted with the application shall be shown on a site plan or map, identifying the type of construction of the existing uses and the owner/operator of any such existing uses, if same can be determined, compiled from municipal records by the applicant.

A notarized statement by the applicant as to whether construction of the proposed use will accommodate collocation of additional antennas for future users.

A written description of the application's compliance with all applicable requirements of this section and all applicable federal, state and local laws.

A description of the suitability or unsuitability of existing like users, other structures and/or alternative technology that are available in place of the proposed structure and the uses contemplated for the proposed structure.

All information required for a special exception permit in this chapter.

Applicants are required to submit with their application documented reports, affidavits and studies that establish the need for the proposed facility in the location desired.

Applicants are required to submit with their application documented reports, affidavits and studies to establish that the proposed facilities will comply with the federally established limit for RF emissions.

The applicant is required to provide availability of suitable existing uses or other structures or alternative technologies not requiring the use of the new structures; the Village Board of Trustees should receive and review evidence from the applicant proving that existing facilities are not adequate to remedy the applicant's claimed gap in coverage.

The applicant is required to provide sufficient evidence that there is no suitable location for the proposed facility, including providing an inventory of the applicant's efforts to obtain suitable location on such property and the results of all testing to measure the suitability of the subject site and alternative sites.

Proposed (after condition) photo simulation. Each of the existing condition photographs shall have the proposed personal wireless services facility superimposed on it to show what will be seen from any residential buildings if the proposed personal wireless servicelt. All photosimulations shall be positioned to show maximum exposure of any proposed roadway, such roadway to be represented in its proposed, graded appearance.

All existing vegetation, by mass or individually by diameter of each stand-alone tree or shrub. Tree masses or individual stand-alone trees shall be identified by species.

All proposed changes to the existing property, including grading, vegetation removal and temporary and permanent roads and driveways.

Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at the time of installation, with approximate elevations and dimensions.

Equipment brochures for the proposed personal wireless service facility such as manufacturer's specifications. These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Colors of the proposed personal wireless represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.

The applicant shall provide the area to be served by the proposed personal wireless service facility and relationship to other existing and proposed personal wireless service facilities within a five-mile radius of the proposed application.

The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.

The antenna would cause interference materially impacting the usability of other existing or planned antenna at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.

Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional engineer.

Other foreseen reasons that make it unfeasible to locate the antenna upon an existing or approved tower or building.

Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the new tower by other PWS providers.

Allow shared use of the new tower if another PWS provider agrees in writing to pay charges.

Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, Village fees, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

Towers shall not be used for any purposes other than for the mounting of antennae, meteorological devices, or similar apparatus above grade.

The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams, or other means. The design should utilize an open framework or monopole configuration. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.

The base of the tower shall occupy no more than 500 square feet and no portion of the tower shall be larger than the base.

Minimum spacing between tower locations shall be 1/4 mile.

The tower and accessory structures shall comply with all minimum setbacks of the zoning district.

Personal wireless service facilities shall be set back from any adjoining lot line a distance equal to at least 150% of the height of the facility in order to provide a safe fall zone: this requirement may be varied only if the Board finds that the granting of a variance from this requirement will not create an unsafe condition.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

Towers and accessory structures shall be provided with security fencing to prevent unauthorized entry. Such fencing shall be no less than six feet and no greater than eight feet in height and shall be constructed of either masonry, wrought iron or wire (not wood) and shall meet the requirements for fences set forth in § 176-140 of this chapter.

All such uses shall be landscaped with a buffer or plant materials sufficient to screen the view of such uses from adjacent properties, consisting of at least one row of mixed evergreen shrubs and trees capable of forming a hedge at least eight feet in height. All buffers shall be in compliance with § 176-79 of the Port Washington North Village Code, and maintenance shall be the responsibility of the owner of the property pursuant to § 176-80 of the Village of Port Washington North Village Code.

All towers and associated facilities for which the permit granted pursuant to this article has been terminated, and all abandoned or unused towers and associated facilities shall be removed within six months of such termination, abandonment or discontinuance of use, unless a time extension is approved by the Board. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon such termination, abandonment or discontinuance of use at the site shall be submitted at the time of application. In the event that a tower is not removed within six months of the such termination, abandonment or discontinuance of use, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the property, in the manner set forth in Chapter 128, Property Maintenance, of the Village of Port Washington North, § 128-14, Village's right to maintain private property and assess the cost of such maintenance against the property owner.

Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation unless a time extension is approved by the Board. The replacement of portions of a tower previously removed requires the issuance of a new special exception permit. In the event that said unused portion of the tower is not removed within said six months, said portion of the tower may be removed by the Village and the costs of removal assessed against the property, in the manner set forth in said Chapter 128, Property Maintenance, § 128-14.

No permit shall be issued pursuant to this article until the applicant has delivered a performance bond to the Village, in a form satisfactory to the Village Attorney, in a sum equal to the cost of removing the tower and associated facilities, to secure the applicant's responsibility:

All such bonds shall be issued by insurance companies licensed to do business in the State of New York with Best ratings of A or better.

Accompanying such bonds shall be an estimate of the cost of the removal of the tower and associated facilities, certified by a professional engineer.

All such bonds shall be renewed not less than once every three years, and shall be accompanied by an updated professional engineer's certification of the cost of removal.

That no suitable existing uses or structures are located within the geographic areas which meet the applicant's engineering requirements.

That alternative technologies not requiring the use of towers or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wire line system is unusable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Each application for a personal wireless service facility shall also contain two alternatives that differ from the personal wireless service facility proposed in the application. The alternatives need not be totally different from the proposed one; however, the alternatives should contain differences, such as height, location, zoning district and design.