(a) The purpose of this section is to provide the Village of Port Chester the authority to accommodate and regulate necessary utility infrastructure for the provision of wireless telecommunications facilities within the Village, to encourage the siting of wireless telecommunications facilities in nonresidential areas on existing structures, to address the safety, visual and aesthetic aspects of wireless telecommunications facilities and to provide for public input in the process of siting wireless telecommunications antenna towers.
(b) The Board of Trustees finds that the regulation of wireless telecommunications facilities is necessary to protect the predominantly suburban residential character of the Village and the property values of the community; such regulation is needed to protect schools, parks, churches, playgrounds and historic structures; to preserve scenic areas; to minimize aesthetic impacts; to preserve the health and safety of residents; and to respect the need of wireless telecommunications service providers to relay signals without electronic interference from other service providers' operations, while not unreasonably limiting competition among them.
(c) The Board of Trustees declares that the protection of residential areas of the Village is of paramount importance and that any local regulations of wireless telecommunications facilities must furnish all possible protection for residential areas, and further declares that the provisions of this section are to be interpreted to favor protection of residential areas. The Planning Commission shall, before issuing any Special Exception Use approval for a wireless telecommunications facility in residential areas, satisfy itself that all other alternatives have been exhausted.
(d) In general, consolidations, shared use and collocation of antennas and antenna-mounting structures are preferred to the construction of new facilities.

(2) Special Exception Use; Policies and Goals. In order to assure that the placement, construction and modification of wireless telecommunications facilities conforms to the Village of Port Chester's purpose and intent of this section, the Board of Trustees requires that a Special Exception Use approval be necessary for such facilities. As such, the Board of Trustees adopts a policy with respect to a Special Exception Use approval for a wireless telecommunications facility for the purpose of achieving the following goals:

(a) Implementing an application for person(s) seeking a Special Exception Use approval for a wireless telecommunications facility.
(b) Establishing a policy for examining an application for Special Exception Use approval for a wireless telecommunications facility that is both fair and consistent.
(c) Establishing reasonable time frames for granting or not granting a Special Exception Use approval for a wireless telecommunications facility.
(d) Promoting and encouraging, wherever possible, the sharing and/or collocation of a wireless telecommunications facility among service providers.
(e) Promoting and encouraging, wherever possible, the placement of a wireless telecommunications facility in such a manner as to cause minimal disruption to the land, property, buildings and other facilities adjacent to, surrounding and in generally the same area as the requested location of such facility and to minimize any adverse aesthetic impacts to the community.

(a) Application. The Building Department shall prepare and make publicly available an application form, which shall be limited to the information necessary for the Village to consider whether an application is an eligible facilities request. Each application shall be submitted to the Department of Planning and Economic Development and include the following:

[1] An application form provided by the Building Department.
[2] A radio frequency safety report demonstrating compliance with FCC safety standards.
[3] Certification that the installation will comply with visual standards set forth in Subsection W(15) below.
[4] The payment of a fee for an eligible facilities request, as stated in Chapter 175 (Fees).

(b) Type of review. Upon receipt of an application for an eligible facilities request, the Department of Planning and Economic Development shall forward the application to the Building Department. The Building Inspector or designee shall review such application to determine whether the application so qualifies as an eligible facility request as defined in this chapter. If determined to be an eligible facility request, such application shall undergo an administrative review, the process of which is contained in Subsection W(3)(c) through (f). If it is determined that there will be a substantial change to an existing facility, this section shall not apply.
(c) Time frame for review. Within 60 days after an eligible facilities request has been received, the Building Inspector or his designee shall approve the application unless it has been determined that the application creates a substantial change or otherwise does not meet the criteria of an eligible facilities request. Once an eligible facilities request application has been approved, the Building Inspector shall issue a building permit.
(d) Tolling of time frame for review.

[1] The sixty-day review period begins to run when the application is filed, and may be tolled by mutual agreement by the Building Inspector and the applicant.
[2] The time frame for review may also be tolled when the Building Inspector or his designee determines that the application is incomplete. When an application has been determined to be incomplete, the following process shall be used to toll the time frame for review:

[a] The Building Inspector or designee shall provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application or such other reasons why the application has been determined to be incomplete.
[b] Within 10 days of a supplemental submission, the Building Inspector or designee will notify the applicant if his or her application has been deemed complete. If application is still found to be incomplete after a supplemental submission, the applicant must provide additional supplemental submissions until the application has been deemed complete.
[c] The time frame for review will not begin to run again until the application has been deemed complete.

(e) Failure to act. In the event the Building Inspector or designee fails to approve or deny a request seeking approval under this section within the time frame for review, accounting for any tolling, the application shall be approved. However, such approval does not become effective until the applicant notifies the Building Inspector in writing after the review period has expired, accounting for any tolling, that the application has been approved.
(f) Interaction with Section 332(c)(7). If it is determined that the applicant's request is not covered by Section 6409(a)3 as delineated under this section, the presumptively reasonable time frame under Section 332(c) (7),4 as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the decision that the application is not a covered request. To the extent such information is necessary, the Village may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.

(a) All applicants for a Special Exception Use for a wireless telecommunications facility or any modification of such facility and renewal thereof shall comply with the requirements set forth in this section.
(b) The applicant shall be required to provide sufficient funds to an escrow account to allow the Planning Commission to retain such technical experts as may be necessary to review the proposal, provided that no funds shall be deposited until a scope of work is agreed upon among the applicant, the expert and the Planning Commission. In any event, the initial deposit shall be a minimum of $5,000. A larger deposit may be required if, in the judgment of the Planning Commission, the complexity and scope of the proposal requires additional expert review. The applicant shall maintain the escrow account at the amount of the initial deposit and replenish same in a timely manner. Payment in full thereto shall be a condition precedent to any approval by the Planning Commission. Any unused funds will be returned to the applicant upon completion of the review. The withdrawal of an application shall not relieve the applicant of the payment obligations of this section.
(c) The Planning Commission is hereby authorized to approve Special Exception Uses under the provisions of this chapter, subject to all of the special requirements and conditions herein and any requirements which may be made a part hereof. Every Special Exception Use approval shall also conform to all special findings that are specified herein.
(d) Application to the Planning Commission for approval of a Special Exception Use under this chapter shall be provided to the Department of Planning and Economic Development and accompanied by a fee in accordance with Chapter 175 (Fees).
(e) Prior to or concurrent with the filing of a formal application to the Planning Commission to obtain a Special Exception Use approval under this chapter, the applicant shall submit information needed to meet the requirements of the New York State Environmental Quality Review Act (SEQRA). The Planning Commission may hold a joint public hearing under the provisions of SEQRA and this chapter whenever practicable. In the event that a final SEQRA determination has not been made, no approval for a Special Exception Use under this chapter shall be granted. The time periods in which the Planning Commission may take action may be extended with the consent of the applicant.
(f) Each application under this chapter must be prepared, signed, and submitted by or on behalf of the Owner-of-Record according to the Town of Rye parcel data records of the subject parcel(s). If such Plan is prepared, signed, and submitted on behalf of such Owner, a notarized Letter of Authorization shall accompany the application.
(g) In addition to the Special Exception Use noticing requirements of Chapter 345, Article 8, § 345-808, Public notice requirements, the applicant shall cause notice of the public hearing by notifying all property owners by certified mail, return receipt requested, within 500 feet of the boundary line of the subject property. A renewal of a Special Exception Use for a Wireless Telecommunications Facility per § 345-405W(22) shall not require a public hearing and/or Public Notice.

(a) For all proposed wireless telecommunications antennas the following information shall be provided:

[1] Name and address of the property owner and the applicant.
[2] Address, lot and block and/or parcel number of the property.
[3] Zoning district in which the property is situated.
[4] Name and address of the person preparing the plan.
[5] Size of the property and the location of all lot lines.
[6] Approximate location of nearest residential structure.
[7] Approximate location of nearest occupied structure.
[8] Location of all structures on the property which is the subject of the application.
[9] Location, size and height of all proposed and existing antennas and all appurtenant structures on the property.
[10] Type, size and location of all proposed landscaping.
[11] A report by a New York State licensed professional engineer documenting compliance with applicable structural standards and describing the general structural capacity of any proposed installation.
[12] The number and type of antennas proposed.
[13] A description of the proposed antennas and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.
[14] A description of the antenna's function and purpose.
[15] The make, model and manufacturer of the antenna.
[16] The frequency, modulation and class of service.
[17] Transmission and maximum effective radiated power.
[18] Direction of maximum lobes and associated radiation and compliance with FCC regulations.
[19] Consent to allow additional antennas (for purposes of collocating) on any new antenna towers, if feasible.
[20] If a collocation, the cumulative impacts, visual and otherwise, of the proposed antenna.

(b) The items in Subsection W(5)(a)[12] through [18] shall be included in a report prepared by a radio frequency engineer, health physicist or other qualified professional.

(6) Facility Service Plan. All proposals to provide or operate wireless telecommunications facilities shall be accompanied by a facility service plan, which shall include all the information necessary to allow the Planning Commission to understand the existing, proposed and long-range plans of the applicant. The facility service plan shall include at least the following information:

(a) The location, height and operational characteristics of all existing facilities of the applicant in and immediately adjacent to the Village.
(b) A two-to-five-year plan for the provision of additional facilities in and immediately adjacent to the Village, indicating whether each proposed facility is for initial coverage or capacity-building purposes and showing proposed general locations or areas in which additional facilities are expected to be needed. Subsequent applications will confirm or modify the facility service plan so that the Planning Commission may be kept up-to-date on future activities.
(c) A commitment to collocate or allow collocation wherever possible on all existing and proposed facilities.

(7) Requirements Applicable to All Wireless Telecommunications Antennas. For all proposed wireless telecommunications antennas the following requirements are applicable:

(a) For proposed sites within 100 feet of other sources of radio frequency (RF) energy, emanating from other wireless telecommunications facilities, the applicant shall provide an estimate of the maximum total exposure from all nearby stationary sources and a comparison with relevant standards. This assessment shall include individual and ambient levels of exposure. It shall not include such residentially based facilities such as cordless telephones.
(b) All obsolete or unused wireless telecommunications antennas (including tower supports) shall be removed within 60 days of cessation of operations at the site. The Village may remove such facilities upon reasonable notice and an opportunity to be heard and treat the cost as a tax lien on the property.
(c) All antennas shall be identified with signs not to exceed six square feet, listing the owner's or operator's name and emergency telephone number, and shall be posted in a conspicuous place.
(d) New antennas may not be sited within 500 feet of any existing antenna. This restriction does not apply to the siting of new antennas at an existing site.
(e) No source of nonionizing electromagnetic radiation (NIER), including facilities operational before the effective date of this chapter, shall exceed the federal or state NIER emission standard.
(f) New antennas and supporting towers shall be designed to accommodate additional antennas for purposes of collocating.

(a) Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities, including towers and other tall structures, in accordance with the following priorities, one being the highest priority and five being the lowest priority:

[1] Collocation on existing tall structures or telecommunications towers.
[2] In the CD-6, CD-6T, CD-5, and SD-PMU Zoning Districts.
[3] In the CD-5W Zoning District.
[4] In the CD-4 Zoning District, only on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue).
[5] On other property in the Village.

(b) If the proposed site for a wireless telecommunications facility is not the highest priority listed above, then a detailed explanation must be provided as to why a site of higher priority was not selected. The applicant must satisfactorily demonstrate the reason or reasons why such an approval should be granted for the proposed site and the hardship that would be incurred by the applicant if the approval were not granted for the proposed site.
(c) An applicant may not bypass a site of higher priority by stating that the site presented is the only site selected or secured. An applicant shall address collocation as an option, and, if such option is not proposed, the applicant shall explain why collocation is impracticable. Agreements between providers limiting or prohibiting collocation shall not be considered a valid basis for a claim of impracticability. Notwithstanding the above, the Planning Commission may approve any site located within an area in the above list of priorities, provided that the Planning Commission finds that the proposed site is in the best interests of the health, safety and welfare of the Village and its inhabitants.
(d) The applicant shall submit a report demonstrating the applicant's review of the above priorities demonstrating the technical reasons for the site selection and, if the site selected is not the highest priority, a detailed explanation of why sites of higher priority were not selected.
(e) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Commission may disapprove an application for any of the following reasons:

[1] Conflict with safety and safety-related codes and regulations.
[2] Conflict with traffic needs or traffic laws, or definitive plans for changes in traffic flow or traffic laws.
[3] Conflict with the historic nature of a neighborhood.
[4] The use of a wireless telecommunications facility which is contrary to an already stated purpose of a specific zoning or land use designation.
[5] The placement and location of a wireless telecommunications facility which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the Village or employees of the service provider or other service providers.
[6] Conflicts with the provisions of this chapter.

(9) Antenna Locations Where Public Exposure is Likely. For roof-mounted, collocated or other situations in which public exposure is likely, the application shall include:

(a) An assessment of potential public exposure to RF energy from the proposed facility indicating the facility's compliance with applicable federal or state standards. The applicant shall identify the maximum exposure level, the locations at which this occurs and the estimated RF levels at specific locations of community interest, such as schools, residences or commercial buildings. Assumptions used in the calculations shall be stated, including building heights and topography.
(b) A multiple-source exposure impact assessment shall be prepared if the wireless telecommunications facility is to be situated on the same site as existing facilities, such as a tower or roof.
(c) Evidence that the maximum exposure to the general public will not exceed federal or state standards.
(d) An identification of rooftop areas to which the public may have access. The exposure in these areas shall be in compliance with the standards established by any federal or state agencies.
(e) An identification of how much of the roof, if any, should be designated a "controlled environment" due to RF field levels in accordance with the applicable federal or state standard.
(f) Notification of the building management if any portion of the roof needs to be identified as a "controlled environment" due to RF levels in excess of the guidelines in the applicable federal or state standards.

(10) Roof-Mounted Antennas. Requirements applicable to roof-mounted antennas are as follows:

(a) Antennas shall not be placed more than 15 feet higher than the height limitation for buildings and structures within the zoning district in which the antenna is proposed to be erected.
(b) Antennas may be set back from the outer edge of the roof a distance equal to or greater than 10% of the rooftop length and width, or such antennas may be attached directly to the roof parapet wall, whichever, in the Planning Commission's opinion, will have the minimal visual impact while achieving signal coverage requirements.
(c) If the Planning Commission requests, antennas shall be the same color as the exterior of the top floor or parapet of the building except to the extent required by law.

(a) The applicant shall demonstrate to the satisfaction of the Planning Commission that there exists no tower on which the antenna may collocate or that collocation is not feasible for any of the following reasons:

[1] The applicant has been unable to come to a reasonable agreement to collocate on another tower. The names, addresses, phone and fax numbers of other service providers approached shall be provided, accompanied by a written statement as to the reason an agreement could not be reached.
[2] The antenna will not unreasonably interfere with the view of or from any park, designated scenic area, historic district, site or structure.
[3] The radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.
[4] The applicant's network of antenna locations is not adequate to properly serve its customers, and the use of facilities of other entities is not suitable for physical reasons.
[5] Adequate and reliable service cannot be provided from existing sites in a financially and technologically feasible manner consistent with the service providers' system requirements.
[6] Existing sites cannot accommodate the proposed antenna due to structural or other engineering limitations (e.g., frequency incompatibilities).
[7] For proposed monopole or tower facilities, there is a report by a New York State licensed professional engineer specializing in structural engineering certifying that the proposed design is structurally sound.

(b) Any application for the approval of a Special Exception Use for a wireless telecommunications facility shall include a report by a qualified radio frequency engineer, health physicist or other qualified professional, as determined by the Planning Commission, which calculates the maximum amount of NIER which will be emitted from the proposed wireless telecommunications facility upon its installation and demonstrates that the facility will comply with the applicable federal or state standards.

(12) NIER Measurements and Calculations. All applicants for wireless telecommunications antennas in any district shall submit calculations of the estimated NIER output of the antenna(s). For antennas mounted on an existing structure not requiring a Special Exception Use approval, the calculations shall be provided to the Building Inspector prior to the issuance of a building permit. For antenna applications requiring a Special Exception Use approval, the calculations shall be provided to the Planning Commission at the time of making the application. NIER levels shall be measured and calculated as follows:

(a) Measuring equipment used shall be generally recognized by the Environmental Protection Agency (EPA), National Council on Radiation Protection and Measurement (NCRPM), American National Standards Institute (ANSI), or National Bureau of Standards (NBS) as suitable for measuring NIER at frequencies and power levels of the proposed and existing sources of NIER.
(b) Measuring equipment shall be calibrated as recommended by the manufacturer in accordance with methods used by the NBS and ANSI, whichever has the most current standard.
(c) The effect of contributing individual sources of NIER within the frequency range of a broadband measuring instrument may be specified by separate measurement of these sources using a narrow band measuring instrument.
(d) NIER measurements shall be taken based on maximum equipment output. NIER measurements shall be taken or calculated when and where NIER levels are expected to be highest due to operating and environmental conditions.
(e) NIER measurements shall be taken or calculated along the property lines at an elevation six feet above grade at such locations where NIER levels are expected to be highest and at the closest occupied structure.
(f) NIER measurements shall be taken or calculated following spatial averaging procedures generally recognized and used by experts in the field of RF measurement or other procedures recognized by the FCC, EPA, NCRPM, ANSI or NBS.
(g) NIER calculations shall be consistent with the FCC, Office of Science and Technology (OST) Bulletin 65 or other engineering practices recognized by the EPA, NCRPM, ANSI, MBS or similarly qualified organization.
(h) Measurements and calculations shall be certified by a New York State licensed professional engineer, health physicist or a radio frequency engineer. The measurements and calculations shall be accompanied by an explanation of the protocol, methods and assumptions used.

(a) The owner and/or operator of the antenna shall perform a NIER level reading as set forth above and shall submit the results of the test to the Village of Port Chester Building Department within 90 days of initially operating the antenna system, and annually thereafter. The owner or operator shall provide a report from a qualified professional who shall certify, under penalties of perjury, that the installation does not expose the general public to NIER standards in excess of those of any federal or state agency regulating RIF-energy.
(b) The Village may measure NIER levels as necessary to ensure that the federal or state standards are not exceeded.
(c) If the standards of any federal or state agency are exceeded at the location of a proposed transmitting antenna, the proposed facility shall not be permitted.

(a) In all zoning districts, all wireless telecommunications facilities shall comply with yard requirements of this chapter for Principal Buildings. No wireless telecommunications facilities may be located between the Principal Building and the street except as otherwise approved by the Board of Trustees in the SD-PMU District.
(b) In the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, wireless telecommunications facilities shall not exceed 50 feet in height unless the requirements of Subsection C below are met. In the SD-PMU, CD-5, CD-6, and CD-6T Districts, wireless telecommunications facilities shall not exceed 100 feet in height unless the requirements of Subsection W(14)(c) below are met. These height requirements shall supersede those of this chapter.
(c) In the event that applicants propose a height greater than that listed in Subsection W(14)(b) above, the applicant must demonstrate to the satisfaction of the Planning Commission that:

[1] Alternative means of mounting the antenna have been considered and are not feasible for the applicant.
[2] The height is the minimum height necessary for adequate operation to meet the applicants' communications needs and the aesthetic intrusion has been minimized to the greatest extent practicable.
[3] The height does not exceed 50% of the maximum height listed in Subsection W(14)(b) above.
[4] The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless telecommunications facilities. This includes, but is not limited to, yard, buffer, height, for equipment buildings, parking, open space and other requirements. The height requirements of Chapter 345 shall apply to buildings and equipment shelters.

(d) Notwithstanding anything stated herein, the Planning Commission shall be permitted to increase the height of any tower beyond any limitations set forth herein in order to accommodate additional users. In reviewing a request for greater height, the Planning Commission shall balance the effect of a greater height against the provision of one or more additional towers, collocating or other alternatives.
(e) In the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, wireless telecommunications towers and monopoles shall be separated from residential buildings on adjacent or abutting properties for a distance by not less than two times the height of the tower or monopole. This provision shall apply to the proposed use for wireless telecommunications facilities of towers or monopoles existing at the time of adoption of Chapter 345.

(a) For all new wireless telecommunication towers, the applicant shall provide to the Planning Commission a Full Environmental Assessment Form (FEAF), Part 1 and Visual EAF Addendum, Appendix A and B, including graphic information that accurately portrays the visual impact of the proposed tower from various vantage points selected by the Planning Commission, such as, but not limited to, parks, designated historic buildings or designated scenic areas, including nighttime visual impacts. This graphic information may be provided in the form of photographs or computer-generated images with the tower superimposed, as may be required by the Planning Commission.
(b) For all buildings or equipment shelters to be located in the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, the equipment shelter shall be treated in an architectural manner compatible with the residences in the vicinity.
(c) The applicant shall employ best industry practices, such as enclosures, stealth technology, and color selection to match the surface of the building, to camouflage antennas and equipment shelters to minimize the visual impact of any installation.

(16) Landscaping Requirements. For any new wireless telecommunications towers, landscaping shall be provided as follows:

(a) In determining the most appropriate landscaping to be provided, the Planning Commission shall consider the visual impact of the proposed facility in its setting with regard to immediate proximity of observers, the sight lines from major viewing points and from those features identified in § 345-405W(16).
(b) The area surrounding the installation shall be landscaped and maintained with paving, shrubs and ground cover consistent with the surrounding community character.
(c) Any buildings or other equipment shelters associated with the antenna facility shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen, in whole or part, and effectively mitigate the appearance of the structures and buildings. Any antenna facility requiring a tower or pole shall plant trees around the facility of a minimum height of 10 feet at planting that will, over time, reduce the visual impact from the tower or pole.
(d) When a security fence is required, the outside of such fencing shall be landscaped with evergreen shrubs, trees or climbing evergreen material on the fencing or may contain wooden slats woven into the fence so as to mitigate and minimize the industrial character of the fence.
(e) An existing natural vegetative buffer which meets or exceeds the above requirements can be retained to meet the landscape requirements set forth above.

(17) Color and Lighting Standards. Except as specifically required by the Federal Aviation Administration (FAA) or the FCC, antennas, including the supporting structure and all related appurtenances, shall:

(a) Be colored to reduce the visual impact to the greatest degree possible.
(b) Not be illuminated, except that buildings may use lighting required by the New York State Fire Prevention and Building Code or when required for security reasons. When lighting is used, it shall be compatible with the surrounding neighborhood to the greatest degree practicable.

(a) The area surrounding the facility shall:

[1] Be fenced or otherwise secured in a manner which prevents unauthorized access by the general public to areas where the standards of any federal or state agency are exceeded.
[2] Contain appropriate signage to warn of areas of the site where:

[a] NIER standards are exceeded.
[b] High risks for shocks or burns exist.

(b) For wall-mounted antennas, the signage shall be placed no more than five feet off the ground.
(c) No other signage, including advertising, shall be permitted at the facility, antenna or tower or supporting structure, unless required by law.

(19) NIER Exposure Standards. No antenna or combination of antennas shall expose the general public to NIER levels exceeding the standard of any federal or state agencies having jurisdiction. In addition, no antenna facility shall emit radiation such that the general public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1.
(20) Registration of Antenna Operators. The Building Department shall keep a list of the names, addresses, type and maximum emissions of all antenna operators in the Village. This list shall be maintained from applications to the Planning Commission and Building Department and from FCC or similar inventories of facilities in the Village. If the name or address of the owner or operator of the antenna facility is changed, the Building Department shall be notified of the change within 30 days.
(21) Performance Standards for New Antennas. New antennas must comply with the following performance standard that the estimated or measured NIER from a proposed antenna, when added to existing radio frequency electromagnetic radiation from existing sources, will not exceed the guidelines set forth in the applicable federal and state standards.
(22) Expiration of Special Exception Use.

(a) The Special Exception Use approval shall be for the user and use that was the subject of the application and shall expire upon the termination of such user or use.
(b) The Building Inspector shall require a Special Exception Use approval prior to the issuance of a building permit.
(c) After issuance of a building permit, the applicant shall provide a report to the Building Inspector prepared by a New York State licensed professional engineer certifying that any monopole or tower has been constructed in accordance with the plans approved by the Building Inspector.
(d) All Special Exception Use approvals for any wireless telecommunications facility shall be renewed every two years from the effective date of the approval of the facility. An application for renewal shall be made to the Planning Commission. The Planning Commission shall review any and all changes in circumstances influencing the wireless telecommunications facility, or the actual facility itself, including its operation and use. If circumstances have materially changed, then the Planning Commission shall reconsider the Special Exception Use approval. Failure to renew the Special Exception Use, or the denial of the renewal by the Planning Commission, shall result in the removal of the wireless telecommunications facility in accordance with this chapter.

(23) Existing Installations. Any wireless telecommunications facility legally existing at the time that this chapter takes effect shall be permitted to continue, provided that the facility complies with the standards adopted by the Federal Communications Commission and all requirements of this chapter, as certified by a professional engineer with qualifications acceptable to the Village of Port Chester.