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HomeMy WebLinkAboutCOC Packet 2020-04-29 4/22/2020 TO: Codes and Ordinances Committee: William Goodman, Chair Patricia Leary Eric Levine Eva Hoffmann Bill King Yvonne Fogarty FROM: Christine Balestra, Planner RE: Next Codes and Ordinances Committee Meeting – Weds. April 29, 2020 The next meeting of the Codes and Ordinances Committee is scheduled for Wednesday, April 29, 2020 at 5:30pm. A quorum of the Town of Ithaca Town Board may be present at this meeting. However, no official Town Board business will be conducted. PLEASE NOTE: The Town of Ithaca Codes and Ordinances Committee meeting will be held electronically via Zoom video conference. Members of the public may call in on a cell phone or landline at (929) 436-2866 and enter the Meeting ID: 675 059 3272, or may view the meeting by computer on Zoom at https://zoom.us/. Once on Zoom, click on “Join A Meeting” and enter the Meeting ID: 675-059-3272. The attachments include: • Draft minutes from the March 11, 2020 COC meeting • Revised “Wireless Facility Review/Approval Process Flow Chart”, dated April 29, 2020 • Revised “Recommendations for Approval Process and Aesthetic Requirements - All Wireless Facilities”, dated April 29, 2020 • Revised Local Law, Town of Bedford Telecommunications Law, Annotated for Town of Ithaca (redlined and clean versions, dated 4-29-20), along with table of contents listing the law section headings, dated 4-29-20 • Redlined Town Code, Section 125, Building Construction and Fire Prevention If you cannot attend this meeting, please notify Sandy Polce as soon as possible at (607) 273-1747. Att. cc: Susan H. Brock, Attorney for the Town Susan Ritter, Director of Planning Marty Moseley, Director of Code Enforcement Sandy Polce, Senior Typist Paulette Rosa, Town Clerk Town Administrative staff (email) Town Board Members (email) Town Code Enforcement staff (email) Town Planning staff (email) Town Public Works staff (email) Media TOWN OF ITHACA 215 NORTH TIOGA STREET, ITHACA, N.Y. 14850 ________________________________________________________________________________________________ TOWN CLERK 273-1721 PUBLIC WORKS 273-1656 PARKS 273-8035 PLANNING 273-1747 ZONING 273-1783 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE 215 North Tioga Street Ithaca, New York 14850 (607) 273-1747 Meeting of April 29, 2020 – 5:30 P.M. AGENDA 1. Member Comments/Concerns. 2. Minutes from March 11, 2020 COC Meeting. 3. Revisions to Town Code Chapter 125, Building Construction and Fire Prevention (redlined version, revised for 4-29-20 COC meeting). 4. Continued Discussion of Telecommunications Law Revisions (multiple materials attached). 5. Other Business. Town of Ithaca Planning Department April 22, 2020 1 TOWN OF ITHACA CODES AND ORDINANCES COMMITTEE (COC) Meeting of March 4, 2020 – 5:32 P.M. Draft Minutes Present: Bill Goodman, Chair; Pat Leary, Eric Levine, Eva Hoffmann, Bill King; Marty Moseley, Director of Code Enforcement; Chris Balestra, Planning; and Susan Brock, Counsel. Absent: Yvonne Fogarty, Susan Ritter and Paulette Rosa 1. Member Comments/Concerns None. 2. Approval of Minutes from September 11, 2019 & January 29, 2020 meetings Susan Brock provided a redlined set of the September 2019 minutes in the mailout for the committee to consider. After a short discussion, the committee approved the September 2019 minutes as changed, with Eric moving and Pat seconding the vote. Eva Abstained. The committee also unanimously approved the January 29, 2020 minutes, with a few typos and corrections. Moved by Eric, seconded by Eva. 3. Continued discussion of Town Telecommunications Law revisions Chris explained to the committee that the flow charts that were included in the mail out were more accurate versions of the flow chart that Susan drafted at the last COC meeting. The revised charts explain the approval process for all facilities. They also include references to the revised “Recommendations for Approval Process and Aesthetic Requirements” list - also included in the mail out - which apply to the various facilities. Susan walked the committee through the revised charts, explaining that they are meant to help the town decide how they want to regulate and treat the various wireless facilities. The blue chart applies to facilities that are not collocated onto an existing structure - these refer to a new tower or new small wireless facility/system. Susan explained that the new small wireless facilities are generally much shorter than a traditional cell tower, with most of them around 50 feet tall maximum. The chart shows which approval process, aesthetic requirements and shot clock for approvals apply to a new tower versus a small wireless facility, or for a wireless facility system (e.g. Distribution Antenna System/DAS). The blue chart also contains highlighted questions for the committee to consider. The committee decided to require the same process for DAS systems regardless of whether they were located in or out of the ROW. The committee also agreed that a new individual small wireless facility required internal Planning staff review instead of Planning Board approval. (See the discussion later in the meeting about whether to require Planning Board approval of new small wireless facilities located within scenic views.) The red chart applies to facilities that are collocated onto existing structures. Susan explained that this chart was more complicated because it involved more FCC Orders to follow. She explained the “substantial change” Order that relates to proposed changes to existing cell towers and the subsequent municipal approval requirement (“shall approve”) that applies to non-substantial changes. Susan noted 2 that the FCC wasn’t specific as to which Order applied to small wireless facility collocation changes and that it remained unclear if the “substantial change” Order applied to small cells at all. The red chart reflected different procedures under the “substantial change” category for small facility collocations. The committee reviewed the FCC criteria for what constituted a substantial change for communication towers outside the ROW. The committee also reviewed the separate (and more stringent) FCC criteria for what constituted a substantial change for communication towers in the ROW (multi-part test that included items such as height increases more than 10% or 10 feet, new items on structures that extend horizontally more than six feet, increase in the size of cabinets by a certain percentage, etc.). After a long discussion, the committee decided to treat small cell collocations that constitute “substantial” changes just like all other substantial changes and require Planning Board site plan approval and special permit. Chris will modify the red chart accordingly. Susan guided the committee to the remaining portions of the red chart that did not apply to the “substantial change” Order (collocations onto structures other than communications towers). Staff recommended internal staff review of collocations on existing structures, whether the collocation was a small cell wireless facility or not. The only change would be the FCC shot clock requirement, which is 60 days for small cell wireless collocations on structures and 90 days for all other collocations on structures. The COC agreed to the internal staff review. The two flow charts are attached to these minutes, annotated to illustrate the committee’s discussion and decisions. During the discussion of the flow charts, Eva mentioned that she didn’t see anything related to the protection of scenic views. She requested a prohibition of new facilities located in public spaces, such as roads and parks, or the locations that are listed in the town Scenic Resources Inventory. The committee discussed this and asked staff to revise the aesthetic requirements recommendation list to include Planning Board review for any small cell facility located within the top ten views listed in the Scenic Resources Inventory. This would be for cell systems (DAS) and for individual cells. Chris will look at other laws to see if she can pull language related to scenic view protection from them to use for the revised list. The committee then moved on to a review of the revised “Recommendations for Approval Process and Aesthetic Requirements” list that was included in the mail out. The committee had a question about undergrounding of equipment, and a discussion ensued around the concept of requiring undergrounding for all facilities (utilities), not just telecommunications facilities. We may need to update the list to remove or revise undergrounding as a requirement. Chris and Susan will research this more thoroughly. The COC concluded their review of the flow charts and recommendation list. 4. Other Business • The committee approved the 2020 COC meeting schedule. • The next meeting will be April 8th and the agenda will include a continued review of the Telecommunications Law update, along with potential updates to the Building and Fire Prevention Local Law and more updates to the Sign Law. 3 • There is the potential for the next meeting to be virtual, given the COVID-19 outbreak. Chris will email committee members instructions on attending the meeting via Zoom software if people are quarantined at home. Meeting was adjourned at 6:56 p.m. Revised for 4-29-20 COC meeting 1 Chapter 125 BUILDING CONSTRUCTION AND FIRE PREVENTION GENERAL REFERENCES Appearance tickets — See Ch. 9. Signs — See Ch. 221. Unsafe buildings — See Ch. 129. Streets and sidewalks — See Ch. 230. Fees — See Ch. 153. Subdivision of land — See Ch. 234. Flood damage prevention — See Ch. 157. Zoning — See Ch. 270. Property maintenance — See Ch. 205. § 125-1. Scope. This chapter shall provide the basic method for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (hereinafter referred to as the "Uniform Code") in the Town of Ithaca, and shall establish powers, duties, and responsibilities in connection therewith. § 125-2. Administration. The Code Enforcement Officers are hereby designated to administer and enforce the Uniform Code within the Town of Ithaca. The Town Board may also designate by resolution other individuals or entities to administer and enforce the Uniform Code, provided that such individuals and entities shall not have the power to issue building permits, certificates, orders and appearance tickets unless they are public officers. Any individuals or entities designated by the Town Board to administer and enforce the Uniform Code shall have qualifications comparable to those of an individual who has met the requirements of 19 NYCRR Part 434 (Minimum Standards for Code Enforcement Personnel in the State of New York), as amended, or any successor regulation. § 125-3. Rules and regulations. A. The Town Board may adopt rules and regulations for the administration and enforcement of the Uniform Code. Such rules and regulations shall not conflict with the Uniform Code, this chapter, or any other provision of law. B. The Town Board shall publish all rules and regulations at least 30 days prior to the effective date thereof in a newspaper of general circulation within the Town of Ithaca. § 125-4. Building permits. A. No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair, removal, or demolition of any building or structure (including signs, except as specified in Article XXIX, Signs, of Chapter 270, Zoning, of the Code of the Town of Ithaca), nor install heating equipment, nor undertake any other work which must conform to the Uniform Code, without having applied for and obtained a building permit from a Code Enforcement Officer. Notwithstanding the foregoing, no building permit shall be required for: [Amended 8-7-2017 by L.L. No. 14-2017] (1) Construction or installation of a one-story accessory building in an agricultural or residential district associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), provided that such building: (a) Is used for a tool or storage shed, playhouse or other similar use; (b) Costs less than $3,000; Should this be increased? (c) Is less than 12 feet in height and has a gross floor area that does not exceed 144 square feet; Revised for 4-29-20 COC meeting 2 (d) Does not involve the installation or extension of electrical, plumbing, or heating systems; and (e) Does not include the installation of solid fuel-burning heating appliances and associated chimneys and flues. (2) Construction of parking spaces for one- or two-family dwellings or multiple single-family dwellings (townhouses); (3) Installation of swings and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses); (4) Installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (5) Installation of fences which are not part of an enclosure surrounding a swimming pool and which are not over six feet high above the natural grade; (6) Construction of retaining walls, unless such walls support a surcharge, impound Class I, II or IIIA liquids as defined in the Uniform Code, or are over six four feet high above the natural grade; (Note: section 404.4 RC requires retaining walls of 4’ to be designed, where there is an unbalanced load) (7) Construction of temporary motion picture, television and theater stage sets and scenery; (8) Installation of window awnings that do not extend further than four feet beyond the exterior face of the exterior wall, measured horizontally, and that are supported by an exterior wall of a one-or two- family dwelling or multiple single-family dwellings (townhouses); (9) Installation of partitions or movable cases less than five feet nine inches in height; (10) Painting, wallpapering, tiling, carpeting, or other similar finish work; (11) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (12) Replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; and (13) Repairs, provided that such repairs do not involve: (a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; (b) The removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) The enlargement, alteration, replacement or relocation of any building system; (d) The removal from service of all or part of a fire-protection or fire-detection system for any period of time; and (e) In the case of buildings that are subject to site plan approval procedures, do not materially alter the exterior appearance of the building. B. An exemption from the requirement to obtain a permit shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code and shall in no case relieve the property owner from compliance with other provisions of this chapter or of the Uniform Code, the Energy Code, or any successor laws, ordinances, statutes or regulations. C. Applications for building permits shall be made in written form and may be obtained from the Code Enforcement Officer. . (1) An application for a building permit shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with the requirements of the Uniform Code, the Energy Code, this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, and other applicable state Revised for 4-29-20 COC meeting 3 and local laws, ordinances and regulation. All applications shall include the following information and documentation: (a) A description of the proposed work; (b) The Tax Map number and the street address where the work is to be performed; (c) The occupancy classification, as defined by the Uniform Code, of any affected building or structure; (d) Where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; (e) At least two sets of construction documents (drawings and/or specifications) that define the scope of the proposed work; (f) The full name and address of the owner and applicant and, if either be a corporation, the names and addresses of responsible officers; (f)i. If an agent is designated on behalf of the owner, written designation that the agent is permitted to apply for and act on behalf of the owner is to be provided from the owner. A contract indicating such agent shall also be deemed to satisfy the above condition C.(1)(f). (g) The estimated cost of the proposed work with appropriate substantiation as may be required by the Code Enforcement Officer; (h) The signature of the applicant or authorized agent; (i) The building permit fee as set from time to time by Town Board resolution. [Amended 12-7-2009 by L.L. No. 18-20091] (j) A statement that the work shall be performed in compliance with Chapter 270, Zoning, the Uniform Code, the Energy Code, and other applicable state and local laws, ordinances, and regulations; and (k) Such other materials, information, or items as may be reasonably required by the Code Enforcement Officer in order to determine whether the proposed work will be in compliance with all applicable laws, rules, and regulations, including Chapter 270, Zoning, the Uniform Code, and this chapter. (2) Construction documents shall not be accepted as part of an application for a building permit unless such documents: (a) Are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (b) Indicate with sufficient clarity and detail the nature and extent of the work proposed; (c) Substantiate that the proposed work will comply with the Uniform Code and the State Energy Conservation Construction Code; and (d) Where applicable, include a site plan that shows any existing and proposed structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, the distances between the structures and the lot lines, and any other information required by Article XXIII of Chapter 270, Zoning, of the Code of the Town of Ithaca. (3) Applications for a building permit or for an amendment thereto shall be examined to ascertain whether the proposed construction is in substantial conformance with the requirements of the Uniform Code, the Energy Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. Provisions shall be made for construction documents accepted as part of a permit application to be so marked in writing or by stamp. One set of accepted construction documents shall be retained by the Town. One set shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Revised for 4-29-20 COC meeting 4 Enforcement Officer. The return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. D. A permit will be issued when the Code Enforcement Officer determines the application is complete and the proposed work will conform to the requirements of the Uniform Code, the Energy Code, Chapter 270, Zoning, and any other applicable laws, rules or regulations. The authority conferred by such permit may be limited by conditions, if any, contained therein. The permit shall require the applicant to notify the Code Enforcement Officer immediately of any changes in the information contained in the application during the period for which the permit is in effect, or of any changes occurring during construction.. E. All work performed pursuant to such permit shall be in accordance with the information and representations made in the application for a permit, and with the accepted construction documents, and there shall be no deviations therefrom without the prior approval of the Code Enforcement Officer. Such approval may be withheld until sufficient information is provided to the Code Enforcement Officer in form and substance reasonably satisfactory to the Code Enforcement Officer to demonstrate that the proposed deviation is in compliance with the Uniform Code, the Energy Code, Chapter 270, Zoning, this chapter, and all other applicable laws, rules and regulations. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued F. Building permits shall be required to be visibly displayed at the work site and to remain visible until the project has been completed. G. A building permit, once issued, may be suspended or revoked if the Code Enforcement Officer or other appropriate officer determines that the work to which it pertains is not proceeding in conformance with the application, with the Uniform Code, with the Energy Code, with Chapter 270, Zoning, with any other law, rule, regulation or ordinance, with any condition attached to such permit, or if information submitted in connection with the application for the permit was incorrect, inaccurate or incomplete. Such suspension or revocation shall be in effect until such time as the permit holder demonstrates to the Code Enforcement Officer's satisfaction that all work completed and all work proposed shall be in compliance with these items and requirements, and in the case of a revoked permit, the holder of the revoked building permit applies for and receives a new or amended building permit. H. A building permit shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy or certificate of compliance (other than a temporary certificate of occupancy or certificate of compliance), whichever occurs first. The permit may, upon written request, be renewed for successive one-year periods, provided that the permit has not been revoked or suspended at the time the application for renewal is made; the relevant information in the application is up-to-date; and a renewal fee is paid as set from time to time by Town Board resolution. At the option of the Code Enforcement Officer, where the work disclosed by the application may reasonably be expected to take longer than one year, the Code Enforcement Officer may issue an initial building permit for a term of greater than one year, but in no event greater than three years, the term to be the length of time it would be reasonably anticipated to complete the work set forth in the application; and an application fee, as set from time to time by Town Board resolution, shall be paid for such permits. . [Amended 12-7-2009 by L.L. No. 18-20092; 5-12-2014 by L.L. No. 3-2014] Revised for 4-29-20 COC meeting 5 I. Permits to construct a foundation, only in circumstances where it is contemplated that a building will be constructed on the foundation, may be issued in the discretion of the Code Enforcement Officer under the following circumstances and subject to the following limitations: (1) The circumstances under which foundation permits may be issued are as follows: (a) There has been supplied to the Code Enforcement Officer plans which, in the Code Enforcement Officer's judgment, are adequate for him to evaluate and review the proposed construction of the foundation. (b) The applicant provides information satisfactory to the Code Enforcement Officer, such as an engineer's or architect's certification, that the foundation will be adequate to carry the load of the proposed permanent structure. (c) The need for the foundation permit is established to the satisfaction of the Code Enforcement Officer (e.g., onset of adverse weather conditions, immediate availability of masons, proposed construction to be on a fast-track basis, or other reasonable basis for early issuance of a permit for only part of the building). (2) Issuance of a foundation permit is wholly discretionary with the Code Enforcement Officer and the applicant shall have no right to the issuance of same. (3) In addition to the conditions on such permits imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such permits as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the proposed foundation. Such conditions may also include the requirement that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the foundation will be removed if a building permit for the entire building is not issued within a stated period of time, such security to be available to the Town to enable the Town to restore the premises to their condition prior to the construction of the foundation for which the permit was issued. (4) The issuance of any foundation permit by the Code Enforcement Officer may be revoked by the Town Board if, in its discretion, the Town Board determines the issuance of the foundation permit was inappropriate. (5) Issuance of a foundation permit does not relieve the applicant from fulfilling any and all requirements for the issuance of a full building permit for the proposed construction. (6) Issuance of a foundation permit shall not be construed to be a determination that a building permit will be automatically issued for the balance of the structure. (7) Foundation permits may be revoked at any time by the Code Enforcement Officer if the Code Enforcement Officer in his discretion: (a) Determines that the foundation will not be adequate to support the balance of the structure; (b) Determines the applicant is not taking proper precautions to prevent endangering life, health, property, or the public welfare in the course of constructing the foundation; (c) Determines, in his judgment, that the applicant is not proceeding diligently and properly to provide complete and adequate plans for the issuance of a full building permit; (d) Becomes aware of information not previously submitted or available that makes issuance of a foundation permit inappropriate or inadvisable; (e) Determines the existence of any other circumstance which reasonably requires the revocation of the permit. Revised for 4-29-20 COC meeting 6 (8) If a building permit for the remainder of the building has not been issued within six months of the date of the foundation permit, the foundation permit automatically expires. However, the Code Enforcement Officer may renew the permit for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a permit. (9) Upon the revocation or the expiration of a foundation permit without a renewed foundation permit or a building permit for the balance of the building having been issued, the foundation constructed pursuant to the foundation permit must be removed and the ground restored by the owner to substantially the condition it was prior to the commencement of any excavation and construction. (10) The fee for the issuance of a foundation permit shall be set, from time to time, by Town Board resolutionas specified in Chapter 153, Fees, of the Code of the Town of Ithaca. § 125-5. Construction inspections. XXXXXXXXXX A. Permitted work shall be required to remain accessible and exposed until inspected by the Town or its designee and accepted by the Code Enforcement Officer. Permit holders shall be required to notify the Code Enforcement Officer a minimum of twenty-four hours in advance of when construction work is ready for inspection. Inspections can be scheduled in less than twenty-four hours were approved by the Code Enforcement Officer . B. Provisions shall be made for, but not limited to, inspection of the following elements of the construction process, where applicable: (1) Work site prior to the issuance of a permit; (2) Footing and foundation; (3) Preparation for concrete slab; (4) Framing; (5) Building systems, including underground and rough-in; (6) Fire-resistant construction; (7) Fire-resistant penetrations; (8) Solid fuel-burning heating appliances, chimneys, flues or gas vents; (9) Energy code compliance; and (10) (10) A final inspection after all work authorized by the building permit has been completed. C. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to where the work fails to comply with the Uniform Code or Energy code. Construction work not in compliance with Uniform Code or the Energy Code provisions shall be required to remain exposed until it has been brought into compliance with the Uniform Code or Energy Code, been re-inspected, and been found satisfactory as completed. D. To facilitate such inspection and to ensure compliance with appropriate Zoning, and Uniform Code, and Energy Code requirements, the Code Enforcement Officer may require submission at the appropriate stage of documentation to substantiate such compliance including, without limitation, the following items: (1) As-built survey maps by a licensed surveyor showing the location of the foundation relative to property boundary lines and dimensions of the structure; (2) Appropriate certifications from an engineer relative to water, sewage, structural integrity, and such other items as the Code Enforcement Officer may deem reasonably appropriate certifying that the stated items are in accordance with all applicable laws, rules and regulations; Revised for 4-29-20 COC meeting 7 (3) Certificates from appropriate electrical inspection persons or agencies, as determined by the Town, certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations. [Amended 4-12-2010 by L.L. No. 3-2010] (2) Certificates from appropriate electrical inspection persons or agencies, as determined by the Town, certifying that the electrical work is in compliance with all applicable laws, codes, rules and regulations. [Amended 4-12-2010 by L.L. No. 3-2010] (3) As-built construction documents to provide sufficient clarity to identify any changes that have occurred with the project to show compliance with the permit/application as approved and compliance with the Uniform Code, and Energy Code, and applicable Zoning. E. The Code Enforcement Officer or other person designated by the Town Board pursuant to § 125-2 shall have the power to order, in writing, the remedying of any condition found to exist in, on, or about any building, structure or premises in violation of the Uniform Code, Chapter 270, Zoning, or any other applicable law, rule or regulation, and shall have the authority to state the time period within which such condition must be remedied. Such orders may be served upon the owner or his authorized agent personally or by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town of Ithaca or to the owner's or agent's last known address. If such condition is not remedied within the time set forth, among any other remedies that may be available to the Town of Ithaca, the Code Enforcement Officer or other person lawfully designated by the Town Board may revoke the building permit for such construction and no further construction shall occur until a new permit has been issued as specified in § 125-4G. F. The Code Enforcement Officer or other person lawfully designated by the Town Board shall have the right of entry, at all reasonable hours, to any building, structure, or site where work or activity is contemplated or being done under the provisions of this chapter, or to any building or site alleged to be unsafe to life or health, upon the exhibition of proper evidence of their position at or authorization from the Town. Interference with such authorized entry in an official capacity shall be punishable as a violation of this chapter. § 125-6. Stop-work orders. A. Authority to issue. The Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or State the Energy Conservation Construction Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (2) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or (3) Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked. B. Content of stop-work orders. Stop-work orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. Revised for 4-29-20 COC meeting 8 C. Service of stop-work orders. The Code Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the building permit holder, on the building permit holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order. D. Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the building permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order. E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under § 125-13 or other sections of this chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order. § 125-7. Certificates of occupancy or certificates of compliance. [Amended 12-7-2009 by L.L. No. 18- 2009; 5-12-2014 by L.L. No. 3-2014] A. A certificate of occupancy or certificate of compliance shall be required for all work for which a building permit is required to be issued under this chapter, any other Code provision, local law, ordinance, rule or regulation of the Town of Ithaca, or the Uniform Code, the Energy Code, or any successor statute or regulation. Further, a certificate of occupancy or certificate of compliance shall be required for all buildings, structures, or portions thereof, which are converted from one general use or occupancy classification or subclassification, as defined by the Uniform Code, to another. The following requirements shall also apply: (1) Except as set forth below in Subsection B, a building or structure for which a building permit is required to be issued shall not be used or occupied in whole or in part until the certificate of occupancy or certificate of compliance shall have been issued by the Code Enforcement Officer or such other person lawfully designated by the Town of Ithaca. The Code Enforcement Officer or designee shall inspect the building, structure or work prior to the issuance of a certificate of occupancy or certificate of compliance. In addition, where applicable, a written statement of structural observations and/or a final report of special inspections, and flood hazard certifications, prepared at the expense of the applicant in accordance with the provisions of the Uniform Code or the Energy Code by such person or persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer, must be received by the Code Enforcement Officer prior to the issuance of the certificate. Such certificate of occupancy or certificate of compliance shall be issued when, after final inspection, it is determined that the construction and other work has been completed in compliance with the Uniform Code, the Energy Code, Chapter 270, Zoning, and other applicable laws, rules and regulations. (2) A certificate of occupancy or certificate of compliance shall contain the following information: (a) The building permit number, if any; Revised for 4-29-20 COC meeting 9 (b) The date of issuance of the permit, if any; (c) The name, address and Tax Map number of the property; (d) If the certificate is not applicable to an entire structure, a description of that portion of the structure for which the certificate is issued; (e) The use and occupancy classification of the structure; (f) The type of construction of the structure; (g) The assembly occupant load of the structure, if any; (h) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (i) Any special conditions imposed in connection with the issuance of the building permit; and (j) The signature of the official issuing the certificate and the date of issuance. (3) The fees for certificates of occupancy or certificates of compliance are set from time to time by Town Board resolution. The applicable fee shall be paid before a certificate of occupancy or certificate of compliance is issued. B. Upon written request, the Code Enforcement Officer may issue a temporary certificate of occupancy or certificate of compliance for a building or structure, or part thereof, pending completion of the work and before the entire work covered by a building permit has been completed, only if the structure or portions thereof may be occupied safely, any installed fire- and smoke-detecting or fire protection equipment is operational, all required means of egress from the structure have been provided, and the conditions set forth below are met. (1) Before issuing a temporary certificate of occupancy or certificate of compliance the Code Enforcement Officer must find: (a) The portion or portions of the work for which the certificate is sought may be used or occupied temporarily without endangering life, property or the public welfare; and (b) Practical difficulties exist in completing the building, structure or site improvements to the point where the building, structure or site improvements would qualify for a permanent certificate of occupancy or certificate of compliance because of: [1] Construction delays resulting from: [a] Unfavorable and unusually difficult weather conditions; or [b] Inability to timely obtain materials; or [c] Other conditions found by the Code Enforcement Officer to warrant early occupancy. [2] The need to occupy the premises before a building qualifies for a permanent certificate of occupancy or certificate of compliance is related to the normal seasonal occupancy dates (e.g., late August when the community has the normal influx of university-related residents); or [3] Any other reason found by the Code Enforcement Officer to be appropriate for the issuance of such temporary certificate. (2) The granting of a temporary certificate of occupancy or certificate of compliance is solely within the discretion of the Code Enforcement Officer and no applicant shall have a right to same. (3) In addition to the conditions on such certificates imposed by this chapter, the Code Enforcement Officer may impose such conditions on the issuance of such certificates as the Code Enforcement Officer may reasonably require to protect the health, safety and welfare of the public, including the persons that may be in or around the building or structure being partially occupied. Such conditions may also include the requirement Revised for 4-29-20 COC meeting 10 that the applicant post security in the form of a bond, cash, or letter of credit with the Town, with the designation of form of security left to the Town's discretion, to assure that the building or structure for which a temporary certificate of occupancy or certificate of compliance is sought will be fully completed and qualify for a permanent certificate of occupancy or certificate of compliance for the entire building within a stated period of time, or will be vacated if no such certificate is obtained within such period of time, such security to be available to the Town to enable the Town to bring an action to enjoin continued occupancy in the absence of a permanent certificate and to take such other steps as may be reasonably necessary or appropriate to protect the public health and welfare. (4) If the Town Board, in its discretion, deems the granting of the temporary certificate of occupancy or certificate of compliance inappropriate, the Town Board may overrule the Code Enforcement Officer, in which event the temporary certificate shall terminate 30 days after its issuance or 15 days after the decision overruling the Code Enforcement Officer, whichever is later. (5) The issuance of a temporary certificate of occupancy or certificate of compliance does not relieve the applicant from fulfilling any and all requirements not yet completed at the date of the issuance of the temporary certificate of occupancy or certificate of compliance. (6) Issuance of a temporary certificate of occupancy or certificate of compliance is not to be construed as a determination that a final certificate of occupancy or certificate of compliance will be automatically issued. (7) In addition to the Town Board's privilege of revoking the temporary certificate of occupancy or certificate of compliance, it may also be revoked by the Code Enforcement Officer at any time under one or more of the following circumstances: (a) The Code Enforcement Officer becomes aware of a condition which presently endangers, or in the future may endanger, life, health, property, or the public welfare, including the health or welfare of any persons in or around the premises subject to the temporary certificate. (b) The Code Enforcement Officer determines in his judgment that the applicant is not proceeding diligently and properly to complete whatever work remains in order to obtain a permanent certificate of occupancy or certificate of compliance. (c) The Code Enforcement Officer becomes aware of information not previously submitted or available that makes issuance of a temporary certificate of occupancy or certificate of compliance reasonably inappropriate or inadvisable. (d) The Code Enforcement Officer determines the existence of any other circumstance which reasonably requires the revocation of the certificate. (8) The temporary certificate of occupancy or certificate of compliance shall be issued for such period as the Code Enforcement Officer may elect, but not in any event to exceed six months, except as provided below. However, the Code Enforcement Officer may renew the certificate for one or more successive periods of not more than six months per application upon payment of a fee calculated as if each application were an application for the original issuance of such a temporary certificate. (9) Discretionary actions. (a) Notwithstanding the foregoing provisions of Subsection B(8) above, however, the Town Board may, after public hearing on at least five days' notice upon the application of the property owner, authorize the Code Enforcement Officer: Revised for 4-29-20 COC meeting 11 [1] To issue a temporary certificate of occupancy or certificate of compliance for a period greater than six months if the Board finds: [a] It is likely the conditions which require the issuance of a temporary certificate of occupancy or certificate of compliance will extend for a period in excess of six months; and [b] Denial of an extended period for the certificate would create a significant hardship to the applicant; and [c] It is reasonably anticipated that the applicant can complete the project and obtain a permanent certificate no later than the expiration date of the extended period; and [d] The life of the temporary certificate, including any extended period, is not greater than three years; and [e] All other conditions for the issuance of a temporary certificate of occupancy or certificate of compliance set forth in this § 125-7B have been met. [2] To reduce or waive the fee charged for a temporary certificate of occupancy or certificate of compliance if the Board finds: [a] The fee for the original building permit was sufficiently large to cover the costs to the Town, including Code Enforcement Officer inspection time and review time, of processing, reviewing and overseeing the issuance and implementation of the original building permit, the final certificate of occupancy or certificate of compliance, and any temporary occupancy certificates including the one for which a reduction in fee is requested; and [b] The payment of the fee as normally determined hereunder would be a significant financial hardship to the applicant; and [c] The need for the temporary certificate of occupancy or certificate of compliance was not created by the lack of diligence of the applicant in prosecuting the work of the project to completion; and [d] The reduction in fee is the minimum necessary to alleviate the hardship to the applicant and still cover the costs to the Town referred to above; and [e] All other conditions for the issuance of a temporary certificate of occupancy or certificate of compliance set forth in this § 125-7B have been met. (b) The Town Board, in granting an application for a longer temporary certificate of occupancy or certificate of compliance or a reduction in fee may impose such reasonable conditions as it deems appropriate under the circumstances pertaining. (10) A temporary certificate of occupancy or certificate of compliance can also be granted by the Code Enforcement Officer in those circumstances not involving new construction where a violation of Chapter 270, Zoning, or other rule or regulation becomes apparent to the Code Enforcement Officer, the owner or other person in possession is taking action (either by construction or by application for an appropriate variance) to correct the violation, and the issuance of the temporary certificate of occupancy or certificate of compliance will not endanger life, health, property, or the public welfare. The issuance of a temporary certificate of occupancy or certificate of compliance under these circumstances and the right to revoke same are governed by the same provisions Revised for 4-29-20 COC meeting 12 relating to the issuance of a temporary certificate of occupancy or certificate of compliance based upon construction pursuant to a building permit. (11) The fee for the issuance of a temporary certificate of occupancy or certificate of compliance shall be as set from time to time by Town Board resolution. A fee for extensions for a temporary certificate of occupancy or certificate of compliance is identified in section (8) above. C. A certificate of occupancy or certificate of compliance may be issued for any building or individual dwelling unit at any other time after inspection thereof by written request, determination of compliance and payment of the fees as set from time to time by Town Board resolution. (this is the certificate fee identified on our current fee schedule) (we do not issue certificates for existing buildings where we do not have a copy of such certificate of occupancy or compliance on record) D. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy or certificate of compliance was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. § 125-8. Operating permits. A. No person, firm, corporation, association, or other organization or entity shall conduct the activities or use or occupy any of the facilities listed below unless the owner or authorized agent of the owner has applied for and has, after inspection as set forth in Subsection C of this section and § 125-9 below, obtained an operating permit: (1) Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in tables 5003.1.1(1),5003.1.1(2),5003.1.1(3),5003.1.1(4) of the 2015 edition of the International Fire Code (a publication currently incorporated by reference in 19 NYCRR Part 1225);2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4), of the Fire Code of New York State (see 10 NYCRR Part 1225). (2) Hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. (3) Use of pyrotechnic devices in assembly occupancies. (4) Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more. (4)(5) Parking garages as defined in subdivision 125-12 A. of section 125-12 of this chapter; and (5)(6) Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the Code Enforcement Officer. (6)(7) Multiple residences/multi-family dwellings involving buildings or properties containing three or more dwelling units. (7)(8) Health care facilities where more than 10 people normally sleep nightly, including hospitals, nursing homes, infirmaries, and sanitariums. (8)(9) Child and adult day-care centers and facilities as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca. (9)(10) Dormitories providing accommodations for sleeping for hire for more than four people. Revised for 4-29-20 COC meeting 13 (10)(11) Motels or hotels providing sleeping accommodations for hire for more than four people. (12) All residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), § 270-219.6B(2). Notwithstanding any provision to the contrary in this § 125-8, the occupancy of such units prior to an owner obtaining required operating permits shall be governed by the applicable provisions of Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), and § 270-219.6B(2). [Added 12-11-2017 by L.L. No. 19-2017] (11)(13) Mobile Food Preparation Vehicles, as defined by the current adopted edition of the New York State Fire Code. B. Any individual or entity who proposes to undertake the types of activities or operate the types of facilities listed in Subsection A of this section shall be required to obtain an operating permit from the Town prior to commencing such operation. An application for an operating permit shall be on a Town-provided form and shall contain sufficient information to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports that the Code Enforcement Officer determines are necessary to verify conformance shall be required at the expense of the applicant and shall be conducted by such persons as may be designated by or are otherwise acceptable to the Code Enforcement Officer. a. Applications for an operating permit shall be made for each independent building, located on one parcel or independent parcels of land. B.b. Applications for rental registry operating permits shall be one permit per parcel. C. The Code Enforcement Officer or Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit. D. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Code Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities. E. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly of 100 persons or more, health care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings, regardless of the number of sleeping accommodations and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, approval of such application by the Code Enforcement Officer, and an on-site inspection are conducted in accordance with section 125-9 of this chapter .An operating permit shall be valid for a period of three years from its date of issuance, unless earlier revoked or suspended. Notwithstanding the foregoing, an operating permit for all residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or § 270-219.6B(2) shall be valid for a period of five years from its date of issuance, unless earlier revoked or suspended. [Amended 12-11-2017 by L.L. No. 19-2017] Revised for 4-29-20 COC meeting 14 F. The operating permit shall be displayed on the property or premises covered by the operating permit. G. Revocation of operating permits. Operating permits may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued, if information submitted in connection with the permit application or with a condition of the permit was incorrect, inaccurate, or incomplete, where activities do not comply with applicable provisions of the Uniform Code, or where there is a violation of applicable law under which the operating permit was issued which would have precluded issuance of the permit had such violation been in existence at the date of issuance of the permit. H. Transfer of title. An application for a new operating permit shall be required within 60 days after the transfer of title to the premises. Provided the application for a new operating permit is timely, a property shall not be subject to an operating permit inspection if it has passed inspection within one year before the application date. [Added 12-11-2017 by L.L. No. 19-2017] H.I. The fee as set by Town Board resolution must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. § 125-9. Fire sSafety and property maintenance inspections. A. The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of areas of public assembly, as defined in the Uniform Code, at least once per year. Such inspections may be made at any reasonable time. Upon completion of the inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, , Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-8, upon payment of the applicable fees for the inspection and the permit application. B. B. Inspections of multiple dwellings/ multi-family dwellings and other residential rental dwelling units. [Amended 12-11-2017 by L.L. No. 19-2017] (1) The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of all multiple dwellings/multi-family dwellings and all nonresidential occupancies at least once every three years, except inspections shall occur at least once every year for all health care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day- care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, and all dormitory buildings, regardless of the number of sleeping accommodations. (2) The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of all other residential rental dwelling units and accessory dwelling units that require an operating permit at least once every five years. (2)(3) Fire safety and property maintenance inspections of all multiple dwellings/multi-family dwellings not included in paragraphs (1) or (2) of this subsection B, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subsection B, shall be performed at least once every three years. (3)(4) Such inspections may be made at any reasonable time. Upon completion of the inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125-8, upon payment of the applicable fees Revised for 4-29-20 COC meeting 15 for the inspection and the permit. Inspections for all residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), § 270-219.6B(2) shall be conducted pursuant to the applicable procedures in Chapter 207, Article I, or § 270-219.6B(2). C. An inspection of a building or dwelling unit may be performed at any other time upon a request of the owner or authorized agent; or receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code or the Energy Code exist; or receipt of reasonable and reliable information that a violation of the Uniform Code or the Energy Code, this chapter, Chapter 270, Zoning, or other law, rule or regulation exists. Such written allegation or request shall be provided to the Code Enforcement Officer on a form, as provided by the Town of Ithaca Code Enforcement Department. D. If entrance to make an inspection is refused or cannot be obtained, the Code Enforcement Officer or his designee may apply to any court of competent jurisdiction for a warrant to make an inspection and upon receipt of same shall have the right to make such inspections as are set forth above in this chapter. E. Nothing in this section or in any other provision of this chapter shall supersede, limit or impair the powers, duties and responsibilities of any federal, state or local agency. No inspection by any federal, state or local agency shall supersede, limit or impair the powers, duties and responsibilities of the Town. The Code Enforcement Officer may rely on inspections conducted by other local, state, or federal agencies and may issue operating permits based on inspection reports received from any local, state, or federal agencies.. E.F. The fee, as set by Town Board resolution, must be paid be paid prior to or at the time each inspection performed pursuant to this section. § 125-10. Notification regarding fire or explosion. The chief of any fire department providing fire-fighting services for a property within the Town shall notify the Code Enforcement Officer by the next business day of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. § 125-11. Complaints. A. The Code Enforcement Officer shall review and investigate written complaints which allege or assert the existence of conditions or activities that fail to comply with this chapter, Chapter 270, Zoning, of the Code of the Town of Ithaca, the Uniform Code, the New York State Energy Conservation Construction Code, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the New York State Energy Conservation Construction Code. . Such written allegation shall be provided to the Code Enforcement Officer on a form, as provided by the Town of Ithaca Code Enforcement Department. A.B. B.C. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (1) Performing an inspection of the conditions and/or activities alleged to be in violation and documenting the results of such inspection. (2) If a violation is found to exist, providing the owner of the affected property and any other person or entity who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise Revised for 4-29-20 COC meeting 16 proceeding as described in § 125-132, Violations, and § 125-143, Penalties for offenses, of this chapter. (3) If appropriate, issuing a stop-work order. (4) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 125-12. Condition Assessments of parking garages A. Definitions. For the purposes of this section: (1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding: (a) buildings in which the only level used for parking or storage of motor vehicles is on grade; (b) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (c) a townhouse unit with attached parking exclusively for such unit; (4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. (6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the 2015 edition of the International Property Maintenance Code (a publication currently incorporated by reference in 19 NYCRR Part 1226); and (7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. B. Condition Assessments – general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in Revised for 4-29-20 COC meeting 17 subdivision (c) of this section, periodic condition assessments as described in subdivision (d) of this section, and such additional condition assessments as may be required under subdivision (e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared and provided to the Town, in accordance with the requirements of chapter (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. C. Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure, (1) Existing parking garages shall undergo an initial condition assessment as follows: (a) if originally constructed prior to January 1, 1984, then prior to October 1, 2019; (b) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and (c) if originally constructed between January 1, 2003 and the effective date of the rule adding this subdivision to 19 NYCRR section 1203.3, then prior to October 1, 2021. D. Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years. E. Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate. F. Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within thirty (30) days.Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; Revised for 4-29-20 COC meeting 18 (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer’s recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in his or her professional judgment. G. Review Condition Assessment Reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by Order to Remedy or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision F. All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. H. The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. I. This section shall not limit or impair the right or the obligation of the Town: Revised for 4-29-20 COC meeting 19 (1) to perform such construction inspections as are required by section 125-5 of this chapter; (2) to perform such periodic fire safety and property maintenance inspections as are required by section 125-9 of this chapter; and/or (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. § 125-132. Violations. A. A person owning, operating, occupying or maintaining property or premises within the scope of the Uniform Code or this chapter shall comply with all provisions of the Uniform Code, the Energy Code, this chapter, and all orders, notices, rules, regulations or determinations issued in connection therewith. B. Whenever the Code Enforcement Officer finds that there has been a violation of the Uniform Code, the Energy Code, this chapter, or any rule or regulation adopted pursuant to this chapter, a violation order may be issued to the person or persons responsible. the Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, this chapter, or any rule or regulation adopted pursuant to this chapter B. C. Violation ordersAn order to remedy shall be in writing, shall identify the property or premises, s; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; and shall include a statement identifying that the order to remedy must be corrected within 30 days after the date of when the order to remedy was issued, except in the event that the violation endangers the life. :hall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance, and shall state the time within which an appeal may be taken. a. The order to remedy may include provisions ordering the person or entity served with such order to remedy (1) to begin to remedy the violations described in the order to remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such order to remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this local law or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. a. Nothing in this section shall be construed as prohibiting the Code Enforcement Officer from providing in an order to remedy that the person or entity served with such order must begin to remedy the violation(s) described in the order immediately, or within some other period of time which is specified in the order and which may be less than thirty (30) days; must thereafter continue diligently to remedy such violation(s) until each such violation is fully remedied; and must in any event fully remedy all such violation(s) within thirty (30) days of the date of such order. Revised for 4-29-20 COC meeting 20 D. The Order to Remedy shall further contain a statement that a hearing can be requested in writing, to the Director of Code Enforcement, within five business days of receipt of the Order to Remedy. E. If a hearing is requested, the same shall be held before the Town Board not less than two weeks nor more than four weeks after the request for a hearing is received. The person requesting the hearing shall be notified in writing at least seven days prior to the hearing of the time and place of the hearing. F. In the event that a hearing is held or if the owner does not appear and it is determined by the Town Board that there is an unsafe building located upon the premises and the owner fails to commence the repair or removal of the unsafe building within the time specified in the notice of determination, the Director of Code Enforcement shall notify the Superintendent of Public Works that the owner has failed or refuses to repair or remove the unsafe building within the time provided. G. Order to Remedy, or a copy thereof, may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca, within five (5) days after the date of the Order to Remedy . The Code Enforcement Officer shall be permitted, but not required, to cause the Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of the Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order C. Violation orders may be served by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the notice of violation and mailing a copy on the same day as posted, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. D.H. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Attorney for the Town of Ithaca. § 125-143. Penalties for offenses. A. Failure to comply with any provision of the Uniform Code, the Energy Code, this chapter, rules or regulations adopted pursuant to this chapter, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not less than $2100, or imprisonment not to exceed 30 days, or both, and each day such violation continues shall constitute a separate violation. The Code Enforcement Officer is hereby authorized to issue an appearance ticket for any violation of this chapter pursuant to Chapter 9, Appearance Tickets, of the Code of the Town of Ithaca. B. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any Revised for 4-29-20 COC meeting 21 provision to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, The Town Zoning Code (Chapter 270)of the Uniform Code, this chapter, or any term or condition of any building permit, certificate of occupancy or certificate of compliance, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order , rule or regulation adopted pursuant to this chapter, or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property issued by the Code Enforcement Officer pursuant to any provision of this chapter . Such remedy shall be in addition to penalties otherwise prescribed by law. B.C. Remedies Not Exclusive. No remedy or penalty specified in chapter 125 shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 125-6 (Stop-work orders) of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 125- 6 (Stop-work orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law. § 125-145. Records. The Town Building and Zoning Department and Town Clerk shall keep official records, in compliance with the applicable record-retention requirements of the New York State Archives and Records Administration. of the following all permits, inspection reports, recommendations, complaints, violation orders and fees charged and collected pursuant to this chapter, in compliance with the applicable record-retention requirements of the New York State Archives and Records Administration. (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, [Certificates of Occupancy / Certificates of Compliance], Temporary Certificates, Stop-work orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all condition assessment reports received; (9) all other features and activities specified in or contemplated by sections 4 through 13, inclusive, of this local law, including; and (10) all fees charged and collected. B. All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. § 125-156. Removal of dangerous buildings or structures. Revised for 4-29-20 COC meeting 22 A. A building or structure, or part thereof, which is an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment is hereby declared to be a public nuisance. B. Whenever the Code Enforcement Officer finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion or unsafe equipment, the Code Enforcement Officer may cause it to be demolished and removed or may cause work to be done in and about the building, structure or equipment as may be necessary to remove the danger. C. The Code Enforcement Officer may require the occupants of any such building or structure, or part thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. D. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized to perform inspections, repairs, or to demolish and remove such building, structure or equipment, or part thereof. E. All costs and expenses incurred by the Town of Ithaca in connection with any work done to remove the danger, or in connection with the demolition and removal of any such building, structure or equipment, shall be assessed against the land on which such building or structure is located, and a bill for such costs and expenses shall be presented to the owner of the property, or if the owner cannot be ascertained, then such bill shall be posted in a conspicuous place on the premises. If the owner shall fail to pay for such costs and expenses within 10 days after the bill is presented or posted, then such unpaid costs, expenses and interest accruing at the rate of 9% per annum from the date of the Town's work shall constitute a lien upon such land. A legal action or proceeding may be brought to collect such costs, expenses, interest and recoverable attorney's fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Code Enforcement Officer may file a certificate of the actual costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred, and the owner thereof with the Tompkins County Department of Assessment, who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. § 125-17. Intermunicipal agreement. The Town Board may, by resolution, authorize the Town Supervisor to enter into an agreement, in the name of the Town of Ithaca, with other governments, to carry out the terms of this local law (either whole or in part), provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. § 125-186. Variance and review. A.C. A request for a variance from the requirements of Chapter 270, Zoning, shall be processed in accordance with the provisions of Chapter 270, Zoning. B.D. A request for a variance from the provisions of the Uniform Code and an appeal to review determination of or failure to render a determination by the Code Enforcement Officer based upon the Uniform Code shall be processed with the appropriate Board of Review as provided in Title 19 of the New York Official Compilation of Codes, Rules and Regulations, Part Revised for 4-29-20 COC meeting 23 1205, or any successor rules, regulations or statutes. Where proposed construction, alteration, use or other work related to a building, structure or equipment would be in violation of any provision of the Uniform Code or any successor statute, no building permit shall be issued except pursuant to written order of the appropriate Board of Review. Town of Ithaca Planning Department Revised Draft for April 29, 2020 COC Meeting: Wireless Facility Review/Approval Process Flow Chart • Requires internal Planning staff reviewᶺ, building permit (#5*) • Town law contains aesthetic, location, dimensional, etc. requirements. • 60 day shot clock for approvals. Is it a Small Wireless Facility Collocation? • Planning staff review ᶺ, building permit (#5*) •Town law contains aesthetic, location, dimensional, etc. requirements. •90 day shot clock for approvals. Is Proposed Facility Collocated onto An Existing Structure? YES Is it collocated onto a Communications Tower? • approve requirement” (#2*) •Building permit only. •Documentation required to prove that it falls under §6409(a) •60 day shot clock for approval. Is there a “substantial” change per FCC YES • Requires PB site plan approval & special permit, building permit (#3*) •Town law contains aesthetic, location, dimensional, etc. requirements. •60 (for SWF’s) or 90 day shot clock for approvals. *See staff-prepared “Recommendations for Approval Process and Aesthetic Requirements: All Wireless Facilities”, revised April 29, 2020 ᶺ New York State-designated Scenic Byways, or within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory. Individual Small Wireless Facility? NO • •Requires PB site plan approval & special permit, building permit (exception: internal Planning staff review, building permit only for systems at least 500 feet from public ROW & adjoining owner lot line). •Town law contains aesthetic, location, dimensional, etc. requirements. •90 day shot clock for approvals. Town of Ithaca Planning Department Revised Draft for April 29, 2020 COC Meeting: Wireless Facility Review/Approval Process Flow Chart Is Proposed Facility Collocated Onto An Existing Structure? NO Is it a New Small Wireless Facility? •New Tower (#1*) •Requires PB site plan approval & special permit, building permit. •Town law contains aesthetic, location, dimensional, etc. requirements, per §332(c)(7). •150 day shot clock for approvals. NO •System (e.g. DAS, #4*) •Requires PB site plan approval & special permit, building permit (exception: internal Planning staff review, building permit only for systems at least 500 feet from public ROW & adjoining owner lot line). •Town law contains aesthetic, location, dimensional, etc. requirements. •90 day shot clock for approvals. NO •Requires internal Planning staff review ᶺ, building permit (#5*) •Town law contains aesthetic, location, dimensional, etc. requirements. •90 day shot clock for approvals. YES Is it a New Individual Small Wireless Facility? Process and Aesthetic Requirements: All Wireless Facilities”, revised April 29, 2020 ᶺ PB approval required when SWF is located along New York State-designated Scenic Byways, or within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory. April 29, 2020 COC – Town Telecommunications Law 1 Recommendations for Approval Process and Aesthetic Requirements All Wireless Facilities 1. For new towers (that are not small wireless facilities) – Recommend maintaining the existing provisions, requiring Planning Board site plan and special permit approval per the existing town law (only minor updates proposed). 2. For Cell Antenna Collocations (onto existing towers that are not considered “substantial” under §6409 (FCC Order 2014) – Recommend requiring internal administrative staff review by Planning staff (to determine §6409(a) applicability) and building permit only. The criteria that makes a facility “Substantial” * is defined in the Order and can be listed in the telecom law for guidance, if need be. 3. For Cell Antenna Collocations (onto existing communications towers) that are considered “substantial” under §6409 (FCC Order 2014)– Recommend requiring Planning Board site plan and special permit approval with criteria that is similar to collocations on buildings and other structures. . a) There shall be no exposed wires (similar to 1“e” in existing streamlined prov). All cables and wires associated with the facility leading to and away from the facility must be fully concealed and shall match the color of the structure on which the facility is located. There shall be no external cables and wires related to the facility hanging off or otherwise exposed. b) Each antenna shall be located within a stealth enclosure that matches the materials, color and design of the tower on which the antenna is located. c) (similar to streamlined 4“c” and 4“d”) All equipment enclosures shall be as small as possible and undergrounded when possible. Building-mounted enclosures shall be located within a stealth enclosure that matches the materials, color and design of the structure on which the enclosure is located. Ground-mounted enclosures shall have appropriate vegetative buffering to buffer the view from neighboring residences, recreation areas and public roads. The Planning Board may require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. Collocations along New York State-designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of wireless facilities. d) (similar to streamlined 1“g”) There shall be no illumination, except in accord with state or federal regulations. e) (carry over from streamlined 1“h”) No portion of the wireless support structure or its accessory structures shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons. f) (carry over from streamlined 1“i” and 4”i”) Access to the facility shall be achieved by using existing public or private roads; no new accessway, driveway or parking April 29, 2020 COC – Town Telecommunications Law 2 area shall be constructed. Equipment or vehicles not used in direct support, renovations, additions or repair of any wireless facility shall not be stored or parked on the facility site. 4. For Small Cell Distribution Antenna Systems (DAS) (typically many poles along a road, generally 45-50ft tall, containing small cell wireless facilities) – Recommend requiring Planning Board site plan and special permit approval, with criteria listed for towers in the existing town law along with the following additional criteria: a) If the DAS is located within a public ROW, then list preferable placement locations, as in existing law for towers (e.g. most preferred = collocation on existing utility poles or other structures; least preferred = installing all new poles) b) If collocation is not possible, then all new poles and equipment must be the same height, color and finish as surrounding poles. c) There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility shall be installed underground. If undergrounding is not possible, then all cables, wires and connectors must be fully concealed on the wireless support structure and shall match the color of the wireless support structure. There shall be no external cables and wires related to the DAS facility hanging off or otherwise exposed on the wireless support structure. d) Each DAS antenna shall be located entirely within a shroud or canister type enclosure or a stealth facility. The diameter of an antenna enclosure at its widest point should not be wider than two times the diameter of the top of the wireless support structure. An enclosure shall not exceed six cubic feet in volume [industry standard?] Examples of stealth applications include the following e) All antenna enclosures shall either be mounted to the top of the wireless support structure pole and aligned with the centerline of the support structure or mounted to the side of the structure such that the vertical centerline of the antenna enclosure will be parallel with the wireless support structure. Stealth enclosures shall match the architecture, materials, color and design of the structure on which they are located (e.g. streetlight pole, building rooftop chimney, cupolas, etc.) Photo examples of stealth applications include the following (source: stealthconcealment.com): f) All equipment enclosures shall be as small as possible and undergrounded when possible. (“when possible” should be better defined). Ground-mounted equipment shall incorporate concealment elements into the proposed design, matching the color and materials of the wireless support structure. Concealment may include, but shall not be limited to, landscaping, strategic placement in less obtrusive locations and placement within existing or replacement street furniture (see photo example of stealth pole above). [Chris to see if she should add anything from Susan’s annotated Bedford law (p.26) here re: undergrounding and concealment.] April 29, 2020 COC – Town Telecommunications Law 3 g) Tree “topping”, or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees, shrubs or other landscaping already existing in the ROW must be noted in the site plan application and must be approved by the Planning Board. h) There shall be no illumination, except in accord with state or federal regulations, or unless the illumination is integral to the camouflaging strategy (e.g. design intended to look like a streetlight pole). i) Guidelines on placement: DAS facilities and wireless support structures shall be located: 1. No closer than 250 feet away, radially, from another small wireless facility and support structure. 2. In alignment with existing trees, utility poles, and streetlights. 3. Equal distance between trees, when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. 4. So as to not be located along the frontage of any building deemed to be of historic significance on a federal, state, or local level. 5. New wireless support structures shall not be located directly in front of any existing residential or commercial structure. 5.6. Facilities along New York State-designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of such facilities. 6.7. If a streetlight is present, a combination wireless support structure and streetlight pole should only be located where an existing pole can be removed and replaced, or at a location where it has been identified that a streetlight is necessary. j) If a DAS system is located 500 feet from a public right-of-way and from the lot line of any adjoining owner, (What does the COC think of lot line from adjoining owner?) then only require internal staff review. 5. For Individual Small Cell Sites (not DAS). Recommend requiring internal administrative and staff review by Planning staff and building permit only. Recommended criteria for consideration of staff approval will be listed in new streamlined provisions (O in the existing law). Recommended criteria will include new items listed below and parts of existing subsection O that will be carried over into the new law: a) There shall be no exposed wires (similar to 1“e” in existing streamlined prov). All cables and wires associated with the facility leading to and away from the facility shall be installed underground. If undergrounding is not possible, then all cables, wires and connectors must be fully concealed and shall match the color of the structure on which the small cell facility is located. There shall be no external April 29, 2020 COC – Town Telecommunications Law 4 cables and wires related to the small wireless facility hanging off or otherwise exposed. b) Each small wireless antenna shall be located within a stealth enclosure that matches the architecture, materials, color and design of the structure on which the antenna is located (e.g. streetlight pole, building rooftop chimney, cupola, etc.). Examples of stealth applications include the following. Photo examples of stealth applications include the following (source: stealthconcealment.com): c) (similar to streamlined 4“c” and 4“d”) All equipment enclosures shall be as small as possible and undergrounded when possible. Building-mounted enclosures shall be located within a stealth enclosure that matches the architecture, materials, color and design of the structure on which the enclosure is located (see photo examples above). Ground-mounted enclosures shall have appropriate vegetative buffering to buffer the view from neighboring residences, recreation areas and public roads. Planning staff may require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. Collocations along New York State-designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of such facilities. d) (similar to streamlined 1“g”) There shall be no illumination, except in accord with state or federal regulations, or unless the illumination is integral to the camouflaging strategy (e.g. design intended to look like a streetlight pole). e) (carry-over from streamlined 1“f” – reworded) No small cell wireless facility shall be located in a historic district that has been listed in the State or National Registers of Historic Places. f) (carry over from streamlined 1“h”) No portion of the wireless support structure or its accessory structures shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons. g) (carry over from streamlined 1“i” and 4 ”i”) Access to the small cell wireless facility shall be achieved by using existing public or private roads; no new accessway, driveway or parking area shall be constructed. Equipment or vehicles not used in direct support, renovations, additions or repair of any wireless facility shall not be stored or parked on the facility site. For 04/29/20 COC meeting 1 Town of Ithaca, NY Wireless Telecommunications Facilities Law—Organization by Sections A. Purpose and legislative intent B. Definitions C. General approval and permit requirements for wireless telecommunications facilities [D through V below apply only to Small Wireless Facilities (SWFs). Y through RR contain their counterparts applicable to large wireless facilities (LWFs)] D. Approvals and permits required for SWFs E. Applications for SWFs F. Engineering, safety and maintenance requirements G. Approval procedures H. Location I. Height J. Setback K. Visibility and aesthetics L. Security M. Recertification of SWFs permit N. Application fees O. Performance security for SWFs P. Authority to inspect. Q. Liability insurance R. Indemnification S. Annual NIER certification T. Default and/or revocation of SWFs permit U. Removal V. Reimbursement for the use of the public ROW For 04/29/20 COC meeting 2 [Y through RR below apply to large wireless facilities only—will revise, re-letter and maybe consolidate some provisions during revisions to the LWFs provisions] Y. Special use permit applications for LWF applications Z. General & specific requirements for LWFs AA. Approval procedures BB. Location CC. Height DD. Setback EE. Visibility FF. Security GG. Escrow for review costs HH. Recertification of special use permit II. Application fees JJ. Performance security for special permits KK. Authority to inspect. LL. Liability insurance MM. Indemnification NN. Regulations applicable to LWFs in the public ROW OO. Reimbursement for the use of the public ROW PP. Annual NIER certification QQ. Default and/or revocation of special use permit RR. Removal SS. Penalties for offenses TT. Adherence to state and/or federal rules and regulations. FOR 4/29/20 COC MEETING This document annotates the Wireless Telecommunications Facilities law passed by the Town of Bedford, NY in December 2018. Suggested changes to adapt the law for the Town of Ithaca are shown in red-line. Bedford’s law is being used as the suggested model for the Town of Ithaca’s law because Bedford’s law addresses all of the statutory and FCC Order requirements, and its organization (dealing with small wireless facilities separately from large wireless facilities) makes sense. A. Purpose and legislative intent. (1) The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Town of Ithaca. While the Town recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents, businesses and institutions, the Town also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities. (2) By enacting this section, the Town intends to: (a) Provide for the managed development of wireless telecommunications facilities in a manner that accommodates the needs of Town residents, businesses and institutions to receive, and wireless carriers to provide, communication signals without interference from other communication providers, in accordance with federal, state and local laws and regulations; (b) Establish fair and efficient processes for review and approval of applications; (c) Establish procedures for the design, siting, construction, installation, maintenance and removal of wireless telecommunications facilities in the Town; (d) Address and provide for new wireless technologies, including, but not limited to, microcell and distributed antenna systems ("DAS") technologies; (e) Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new support structures; (f) Protect Town residents, businesses and institutions from potential adverse impacts of wireless communications facilities, to the maximum extent permitted under law; (g) Avoid and minimize safety hazards and avoid potential damage to adjacent properties through proper locational, engineering and operational requirements; (h) Protect the physical appearance of the Town and preserve its scenic and natural beauty by avoiding and minimizing adverse visual and aesthetic impacts of wireless 2 telecommunications facilities to the maximum extent practicable through careful design, siting, landscaping, screening and innovative camouflaging techniques; (j) Protect the public health, safety and welfare; (k) Protect property values of the community; (l) Minimize the impact of such facilities on residential properties; and (m) Encourage the siting of wireless telecommunications services facilities on properties and areas which are not used exclusively for residential purposes. [Does this make sense for DAS located in ROWs on residential properties?] B. Definitions. As used in this section, the following terms shall have the meanings indicated: [Still need to comprehensively review and revise the definitions, so COC should not spend time discussing them at its 4/29/20 meeting. Most definitions will end up in §270-5 Definitions. ] ACCESSORY OR ANTENNA EQUIPMENT Any equipment serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings and similar structures, and, when co-located on a structure, which is mounted or installed at the same time as an antenna. ANTENNA An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service (whether on its own or with other types of services). For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part 15 of Title 47 of the United States Code. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. BASE STATION A structure or equipment at a fixed location that enables Commission-licensed or - authorized wireless communications between user equipment and a communications network. 3 (1) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and microcell networks). (3) The term includes any structure that supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support. (4) The term does not include any structure that, at the time the relevant application is filed with the Town under this section, does not support or house equipment described in Subsections (1) and (2) of this definition. CO-LOCATION Consistent with the Nationwide Programmatic Agreement (NPA) for the co-location of wireless antennas: (1) Mounting or installing an antenna facility on a preexisting structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. DISTRIBUTED ANTENNA SYSTEM (DAS) A network of spatially separated antenna sites connected to a common source that provides wireless communications service within a geographic area or structure. EAF The environmental assessment form approved by the New York State Department of Environmental Conservation. FAA The Federal Aviation Administration, or its duly designated and authorized successor agency. FCC The Federal Communications Commission, or its duly designated and authorized successor agency. 4 HEIGHT When referring to a structure, the distance measured from the preexisting grade level to the highest point on the structure, including the antenna and any other appurtenances. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. LARGE WIRELESS FACILITY Any wireless telecommunications facility that is not a small wireless facility. MICROCELL FACILITY Microcells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A microcell facility meets both the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed element, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume. MODIFICATION The improvement, upgrade or expansion of existing wireless communications facilities, or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless communications facilities. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. MONOPOLE A wireless communications support structure which consists of a single pole, designed and erected on the ground or on top of a structure, to support a wireless communications antenna and accessory equipment. NIER Nonionizing electromagnetic radiation. PERSON Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity. 5 PUBLIC RIGHT-OF-WAY Any way over which the public possesses the right to travel, which heretofore has been duly laid out, adopted and established by law, whether publicly owned or not. The term "road" includes state, county and Town highways and roads, streets, squares, places, courts, boulevards, parkways and other ways, however designated, to which the public has access. Use a different term, or keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. REPLACEMENT The replacement of existing wireless communications antenna on any existing support structure or on existing accessory equipment for maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the existing wireless communications antenna and which does not substantially change the physical dimensions of any existing support structure. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. SMALL WIRELESS FACILITY A wireless telecommunications facility, including, but not limited to, DAS and microcells, that meets each of the following conditions: (1) The structure on which antenna facilities are mounted: (a) Is 50 feet or less in height; or (b) Is no more than 10% taller than other adjacent structures; or (c) Is not extended to a height of more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and (2) Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and (3) All antenna equipment associated with the facility (excluding antennas and backup power and related backup power equipment) is cumulatively no more than 28 cubic feet in volume; and (4) The facility does not require antenna structure registration under Part 17; (5) The facility is not located on tribal lands, as defined under 36 CFR 800.16(x); and 6 (6) The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in Rule 1.1307(b). STEALTH TECHNOLOGY Camouflaging methods applied to wireless communications facilities which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof- mounted facilities, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, and the like. STRUCTURE A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services). Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. SUBSTANTIAL CHANGE Will revise definition to be consistent with FCC’s 2014 Order both in and out of ROW A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (1) The mounting of a proposed antenna on existing towers that would increase the original height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. (2) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter. (3) The mounting of the proposed antenna would involve adding an appurtenance to the body of an existing wireless telecommunications support structure that would protrude from the edge of the original support structure more than 20 feet, or more than the original width of the support structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet, except that the mounting of the proposed antenna may exceed the size limits herein if necessary to shelter the antenna from inclement weather or to connect the antenna to the support structure via 7 cable. (4) The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site. (5) The modification defeats concealment and/or stealth elements of the support structure. (6) The modification does not comply with prior conditions of the approval for the existing structure and/or site; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above. Add a definition for “tower,” which the FCC defined in its 2014 Order. The following is the definition from a National League of Cities model provision: TOWER Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. TRANSMISSION EQUIPMENT Equipment that facilitates transmission for any Commission-licensed or -authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. UTILITY POLE A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Town-owned poles or poles owned by other utility companies. Any utility pole in excess of 50 feet shall be deemed a tower. WIRELESS TELECOMMUNICATIONS FACILITY A structure, facility or location designed or intended to be used as, or used to support, 8 antennas, along with any antennas located on such structure and any accessory equipment. It includes, without limit, freestanding towers, guyed towers, monopoles, DAS, microcell or small wireless facilities on utility poles in the public right-of-way or property of the Town or within the Town and similar structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and accessory equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other cellular communications technologies, but excluding those used exclusively for the Town's fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications. [What about private phone and internet connections?] WIRELESS TELECOMMUNICATIONS PROVIDER A wireless telecommunications infrastructure provider or a wireless telecommunications services provider. C. General approval and permit requirements for wireless telecommunications facilities. (1) Subject to the provisions of this section, wireless telecommunications facilities are allowed in every zoning district in the Town. Wireless telecommunications facilities may not be located in an historic district that has been listed in the State or National Registers of Historic Places. (2) Except as otherwise provided by this section, no person shall be permitted to site, place, build, construct, modify, operate or prepare any site for the placement or use of wireless telecommunications facilities without having first obtained the approvals and permits required by this section. (3) Notwithstanding anything to the contrary in this section, any application for a wireless telecommunications facility that does not substantially change the dimensions of an existing tower or base station and involving: (a) collocation of new transmission equipment; (b) removal of transmission equipment; or (c) replacement of transmission equipment 9 shall not require site plan approval or a special permit. All that shall be required are a small wireless facility permit and a building permit from a Code Enforcement Officer. The term for a small wireless facility permit issued under this subsection (3) shall be coterminous with the term of the underlying permit or other prior regulatory authorization for the subject tower or base station. Changes made above reflect FCC Order requirements—Bedford exempted more modifications than required. Also, note that the Town does not have the ability to impose aesthetic criteria for facilities that fall under #2 above. From the FCC’s 2014 Order: “State and local governments may only require applicants to provide documentation that is reasonably related to determining whether the request meets the requirements of the provision…. States and localities may continue to enforce and condition approval on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.” (4) Repair and/or maintenance of an existing wireless telecommunications facility shall not require site plan approval, a special permit or a small wireless facility permit. (5) In addition to the requirements set forth for the issuance of a small wireless facility permit or special permit for a wireless telecommunications facility to be located in a public right- of-way as set forth in this section, any telecommunications provider seeking to place a wireless telecommunications facility in the public right-of-way shall also comply with the procedures and requirements set forth in Chapter 230 (Streets and Sidewalks) of the Town Code relating to conducting construction activities within the public right-of-way. To the extent any provisions in Chapter 230 are inconsistent with the provisions set forth in this section, the provisions in this section shall control. (6) Notwithstanding the provisions set forth in this § ______, in the event an application seeks to place a wireless telecommunications facility on property owned or controlled by the Town, other than within a Town-owned public right-of-way, such application shall be exempt from the requirements of this section. The Town Board has sole and absolute discretion to determine whether to allow an applicant to place a wireless telecommunications facility on such Town property, and the Town Board may impose such conditions on any such placement and use as it deems appropriate. Nothing herein shall be deemed to create any right or entitlement to use Town property for such wireless telecommunications facility. [Still need to research whether the Town may require the applicant to enter into a franchise or license agreement with the Town for facilities in the ROW.] D. Approvals and permits required for small wireless facilities. 10 (1) All small wireless facilities shall require a small wireless facility permit and a building permit issued by a Code Enforcement Officer. Additional required approvals and permits are described below in this subsection D. (2) Small wireless facilities that are collocated on or modify a communications tower or base station and that constitute a substantial change (as defined by the FCC in 47 C.F.R. §1.40001(b)(7), as may be amended) shall require site plan approval and a special permit issued by the Planning Board pursuant to the requirements of this section and in accordance with Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval Procedures) and Article XXIV (Special Permits and Special Approvals). (3) Two or more small wireless facilities that constitute all or part of a system (e.g., DAS) shall require site plan approval and a special permit issued by the Planning Board pursuant to the requirements of this section and in accordance with Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval Procedures) and Article XXIV (Special Permits and Special Approvals), except as follows. No site plan approval or special permit is required for such a system that is located at least 500 feet from a public right-of-way and from the lot line of any adjoining owner. [COC to decide whether to include the lot line distance criteria] E. Applications for small wireless facilities. (1) Upon receipt of an application for a small wireless facility, the Code Enforcement Officer shall review said application and plans in accordance with the standards and requirements set forth in this section. (3) No application shall be accepted, and no small wireless facilities permit or building permit shall be issued, except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter or would occur on a parcel on which a violation of any provision of this chapter exists. (5) An application for a small wireless facilities permit shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Code Enforcement Officer or Planning Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction. (6) The applicant must provide documentation to verify it has a legal interest in the site, if not 11 within the public right-of-way. Said documentation may be in the form of a deed, contract or sale or lease for the property, depending on whether the applicant is the property owner, contract vendee or lessee. (7) The applicant shall include a statement, in writing, that: (a) The applicant's proposed small wireless facility shall be maintained in a safe manner and in compliance with all conditions of the small wireless facility permit, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and (b) The construction of the small wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in New York State. (8) If proposing a new structure for the purpose of supporting a small wireless facility, the application shall be accompanied by a map which shows the applicant's existing and proposed area of coverage. Such map should locate all existing wireless telecommunications facility sites within 1/2 mile of the proposed small wireless facility. (9) In addition to all other required information as stated in this section, all applications for the construction or installation of a new small wireless facility or modification of an existing small wireless facility shall contain the following information: (a) A descriptive statement of the objective(s) for the new facility or modification, including and expanding on [??] a need such as coverage and/or capacity requirements; [Verify Town can require a showing of need in all situations, including non-substantial collocations under §6409(a) that the Town must approve.] (b) Documentation that demonstrates and proves the need for the small wireless facility to provide service primarily and essentially within the Town. Such documentation shall include, but not be limited to: [Verify Town can require showing of need in this way.] [1] Information relating to all other wireless telecommunications facilities or antennas associated with such wireless telecommunications facilities that are to be utilized in the Town in conjunction with the proposed small wireless facility; and [2] Propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage; [Verify Town can require this.] (c) The name, address and phone number of the person preparing the report; 12 (d) The name, address, and phone number of the property owner, operator and applicant; (e) The postal address and Tax Map parcel number of the property; (f) The zoning district in which the property is situated; (g) The size of the property, stated both in square feet and lot line dimensions, and a survey prepared by a licensed professional surveyor showing the location of all lot lines, if the proposed small wireless facility is located outside the public right-of-way; (h) The location of the nearest residential structure; (i) The location, size and height of all existing and proposed structures on the property which is the subject of the application; (j) The type, locations and dimensions of all proposed and existing landscaping and fencing, if the proposed small wireless facility is located outside the public right-of-way; (k) The number, type and model of the antenna(s) proposed, with a copy of the specification sheet; (l) The make, model, type and manufacturer of the utility pole, monopole or other structure on which any antenna or accessory equipment for a small wireless facility is to be located and a design plan stating the structure's capacity to accommodate multiple users; (m) A site plan describing any new proposed structure and antenna(s) and all related fixtures, accessory equipment, appurtenances and apparatus, including, but not limited to, height above preexisting grade, materials, color and lighting; (n) The frequency, modulation and class of service of radio or other transmitting equipment; (o) The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s); (p) Direction of maximum lobes and associated radiation of the antenna(s); (q) Applicant's proposed maintenance and inspection procedures and related system of records; (r) Documentation justifying the total height of any proposed antenna and structure and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown; [Verify the Town can require this] 13 (s) Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC; (t) A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices; (u) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities; (v) Certification that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrate and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site; and (w) Information relating to the expected useful life of the proposed small wireless facility. (10) The applicant shall furnish written certification that the small wireless facility and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. If the wireless facility is subsequently approved and constructed, as-built certification indicating that the facility has been constructed in accordance with all standards shall be furnished to the Town prior to issuance of any certificate of occupancy or compliance. [Does the Town require a COO or a COC?] (11) At the time of submittal of an application for a small wireless facility, the applicant shall pay a nonrefundable application fee in an amount as determined by the Town Board and as set forth in the Town Fee Schedule, as it may be amended from time to time, in addition to any other fee required by law. [Work with staff to add any existing TOI application requirements not already covered] (11) The application shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, and will have the least-adverse visual effect on the environment, the character of the community, surrounding properties and on the residences in the area of the wireless telecommunications facility. F. Engineering, Safety and Maintenance Requirements. (1) Design. All small wireless facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the 14 American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All small wireless facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the safety or life of any person or any property in the Town. (2) Wind and ice. All small wireless facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). (3) Aviation safety. Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety. (4) Public safety communications. Small wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. (5) Radio frequency emissions. A small wireless facility shall not, by itself or in conjunction with other wireless communication facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. When a small wireless facility is complete, as-built readings will be taken and submitted to the Town within __ days of the facility becoming operational. [How many days?] (6) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply: (a) Small wireless facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. (b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents and nearby properties. (c) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents. (d) The owner or operator of a small wireless facility shall maintain standby power generators or batteries capable of powering the small wireless facility for at least 12 hours without additional public utility power and indefinitely with a continuous or replenished fuel supply, where appropriate. Such standby power shall activate automatically upon the failure of 15 public utility power to the site. Notwithstanding the foregoing, the Planning Board or Code Enforcement Officer may waive the requirement for backup power, where appropriate, including, but not limited to, when a small wireless facility is not located in a densely populated area or on a major thoroughfare. [Does COC want to include this backup power requirement for SWFs?] [Work with staff to add any additional requirements from existing TOI law] G. Approval procedures. (4) Time frames for approval. (a) Within 60 days of receipt of a complete application for the co-location of a small wireless facility on a preexisting utility pole, monopole or other existing wireless telecommunications facility support structure, the Planning Board (or Code Enforcement Officer, where site plan approval and a special permit are not required) shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision. (b) Within 90 days of receipt of a complete application for a small wireless facility on a new utility pole, monopole or other new wireless telecommunications facility support structure, the Planning Board (or Code Enforcement Officer, where site plan approval and a special permit are not required) shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision. (c) Within 10 days of receipt of an incomplete application for a small wireless facility, the Town shall notify the applicant in writing of any supplemental information required to complete the application. Upon receipt of an applicant's supplemental information in response to the initial notification of incompleteness by the Town, the applicable shot clock will reset to zero, and the Town shall have the full 60 days or 90 days permitted by law to act on the completed application. (d) For any subsequent determinations of incompleteness beyond the initial, the Town shall notify the applicant of any required supplemental information within 10 days of receipt of the supplemental submission, and such notice shall toll the applicable shot clock until the applicant submits the required supplemental information. (5) All time periods set forth in this section reference calendar days. H. Location. [See Town of Ithaca’s language below—COC may prefer to revise Ithaca’s rather than use the following] 16 (1) Applications for small wireless facilities shall locate and site said facility in accordance with the following priorities, (a) being the highest priority and (g) being the lowest priority. (b) Co-location on a site with existing wireless telecommunications facilities or other wireless telecommunications facility structures in the Town; (e) On nonresidential zoned properties; (f) On residential zoned properties Use the priority provisions from the Town of Ithaca’s current telecommunications law, or revise Bedford’s to include some of Ithaca’s provisions? If we use Ithaca’s, expand collocation to cover structures besides towers. Ithaca’s law states: “E. Priority of siting locations. In determining whether a site is appropriate, and if it is determined a need exists for the telecommunications facility, the preferential order of location, to the extent the same may be, or may be made, technically feasible, is as follows: (1) Co-located on existing telecommunications towers; (2) Co-located on any other existing radio or other tower that would not require any increase in height nor significant noticeable structural additions to accommodate the telecommunications facility; (3) Within any industrial zones or existing planned development zones that permit industrial activities; (4) Within any light industrial zones or existing planned development zones that permit light industrial activities; (5) Within any existing community commercial zones or existing planned development zones which permits all of the activities permitted in a community commercial zone; (6) On any other property in the Town.” (2) If the highest priority listed above is not selected for the proposed site, then a detailed explanation must be provided as to why no higher priority sites were selected. (3) An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. A renewal shall include proof that reasonable efforts have been made to co-locate on an existing telecommunications facility or on another existing structure. 17 I. Height. (1) Small wireless facilities shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate co-location by additional antenna arrays, but under no circumstances is the height to be in excess of what is permitted under federal requirements for small wireless facilities. J. Setback. All wireless telecommunications support structures for small wireless facilities located outside the public right-of-way shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including the support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. For facilities subject to site plan approval and special permit, the Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure. [Revise this after COC decides the purpose of the setback requirement—safety, aesthetic impact on neighbors, both?] K. Visibility and Aesthetics. (1) All small wireless telecommunications facilities shall be sited so as to have the least- adverse visual effect on the environment and on the residents in the area of the wireless telecommunications facilities sites, to the maximum extent practicable. (2) For small wireless facilities that are collocated on or modify a communications tower or base station and that constitute a substantial change (as defined by the FCC in 47 C.F.R. §1.40001(b)(7), as may be amended), the following requirements apply: a) There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility must be fully concealed and shall match the color of the structure on which the facility is located. There shall be no external cables and wires related to the facility hanging off or otherwise exposed. b) Each antenna shall be located within a stealth enclosure that matches the materials, color and design of the tower on which the antenna is located. c) All equipment enclosures shall be as small as possible and undergrounded when possible. Building-mounted enclosures shall be located within a stealth enclosure that matches the materials, color and design of the structure on which the enclosure is located. Ground-mounted enclosures shall have appropriate vegetative buffering to buffer the view from neighboring residences, recreation areas and public roads. The Planning Board may require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic 18 areas within common view of the public. Collocations along New York State- designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of wireless facilities. d) There shall be no illumination, except in accord with and as required by state or federal regulations. e) No portion of the wireless support structure or its accessory structures shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons. f) Access to the facility shall be achieved by using existing public or private roads; no new accessway, driveway or parking area shall be constructed. Equipment or vehicles not used in direct support, renovations, additions or repair of any wireless facility shall not be stored or parked on the facility site. (3) For two or more small wireless facilities that constitute all or part of a system (e.g., DAS), the following requirements apply: a) The DAS must be collocated on existing utility poles or other structures, where possible. If such collocation is not possible, then all new poles and equipment located within a public right-of-way must be the same height, color and finish as surrounding poles. [The first sentence is new] b) There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility shall be installed underground. If undergrounding is not possible, then all cables, wires and connectors must be fully concealed on the wireless support structure and shall match the color of the wireless support structure. There shall be no external cables and wires related to the DAS facility hanging off or otherwise exposed on the wireless support structure. c) Each DAS antenna shall be located entirely within a shroud or canister type enclosure or a stealth facility. The diameter of an antenna enclosure at its widest point should not be wider than two times the diameter of the top of the wireless support structure. d) All antenna enclosures shall either be mounted to the top of the wireless support structure pole and aligned with the centerline of the support structure or mounted to the side of the structure such that the vertical centerline of the antenna enclosure will be parallel with the wireless support structure. Stealth enclosures shall match the architecture, materials, color and design of the structure on which they are located (e.g. streetlight pole, building rooftop chimney, cupolas, etc.) Photo examples of stealth applications include the following (source: stealthconcealment.com): 19 e) All equipment enclosures shall be as small as possible and undergrounded when possible. Ground-mounted equipment shall incorporate concealment elements into the proposed design, matching the color and materials of the wireless support structure. Concealment may include, but shall not be limited to, landscaping, strategic placement in less obtrusive locations and placement within existing or replacement street furniture (see photo example of stealth pole above). f) Tree “topping”, or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees, shrubs or other landscaping already existing in the ROW must be noted in the site plan application and must be approved by the Planning Board. g) There shall be no illumination, except in accord with and as required by state or federal regulations, or unless the illumination is integral to the camouflaging strategy (e.g. design intended to look like a streetlight pole). h) Guidelines on placement: DAS facilities and wireless support structures shall be located: 1. No closer than 250 feet away, radially, from another small wireless facility and support structure. 2. In alignment with existing trees, utility poles, and streetlights. 3. Equal distance between trees, when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. 4. So as to not be located along the frontage of any building deemed to be of historic significance on a federal, state, or local level. [What does historic significance at the local level mean? Town’s historic survey included all buildings at least 50 years old.] 5. New wireless support structures shall not be located directly in front of any existing residential or commercial structure. [Is this possible?] 6. Facilities along New York State-designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of such facilities. 7. If a streetlight is present, a combination wireless support structure and streetlight pole should only be located where an existing pole can be removed and replaced, or at a location where it has been identified that a streetlight is necessary. [Clarify—the last part does not follow from the first] (4) For individual small wireless facilities (they do not constitute all or part of a system), the following requirements apply: 20 a) The small wireless facility must be collocated on an existing utility pole or other structure, where possible. b) There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility shall be installed underground. If undergrounding is not possible, then all cables, wires and connectors must be fully concealed and shall match the color of the structure on which the small wireless facility is located. There shall be no external cables and wires related to the small wireless facility hanging off or otherwise exposed. c) Each small wireless antenna shall be located within a stealth enclosure that matches the architecture, materials, color and design of the structure on which the antenna is located (e.g. streetlight pole, building rooftop chimney, cupola, etc.). Photo examples of stealth applications include the following (source:stealthconcealment.com): d) All equipment enclosures shall be as small as possible and undergrounded when possible. Building-mounted enclosures shall be located within a stealth enclosure that matches the architecture, materials, color and design of the structure on which the enclosure is located (see photo examples above). Ground-mounted enclosures shall have appropriate vegetative buffering to buffer the view from neighboring residences, recreation areas and public roads. Planning staff may require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. Collocations along New York State-designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of such facilities. e) There shall be no illumination, except and in accord with and as required by state or federal regulations, or unless the illumination is integral to the camouflaging strategy (e.g. design intended to look like a streetlight pole). f) No portion of the wireless support structure or its accessory structures shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons. g) Access to the small wireless facility shall be achieved by using existing public or private roads; no new accessway, driveway or parking area shall be constructed. Equipment or vehicles not used in direct support, renovations, additions or repair of any wireless facility shall not be stored or parked on the facility site. L. Security. (1) All small wireless telecommunications facilities and antennas shall be located, fenced or 21 otherwise secured in a manner that prevents unauthorized access. Specifically: (a) All antennas and other supporting structures shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and (b) Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them. M. Recertification of small wireless facilities permit. (1) At least sixty (60) days before the five-year anniversary date after the effective date for the small wireless facility permit, and at least sixty (60) days before all subsequent fifth anniversaries of the effective date of the original permit for small wireless telecommunications facilities, the holder of the small wireless facility permit shall submit a signed, written document with the following information to the Town Department of Code Enforcement (or its successor department) confirming the compliance of the small wireless facility with the small wireless facility permit. Such submission shall include the following: (a) The name of the holder of the small wireless facilities permit for the wireless telecommunications facilities. (b) The date of the original granting of the small wireless facilities permit. (c) Whether the small wireless facility has been modified since the issuance of the small wireless facilities permit and, if so, in what manner. (d) Any requests for waivers or relief of any kind whatsoever from the requirements of this section and any requirements for a small wireless facilities permit. (e) Certification that the small wireless facilities are in compliance with the original small wireless facilities permit and in compliance with all applicable codes, laws, rules, regulations, and federal certification requirements, including, but not limited to, this section. (f) Certification that the wireless telecommunications facility support structure, attachments and accessory equipment have been designed and constructed (as built) and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such certification shall be by a qualified New York State licensed professional engineer. (2) If the holder of a small wireless facility permit does not submit the certifications in this Subsection ___ within the time frame noted in Subsection ___, then such small wireless facilities permit shall terminate and any authorizations granted thereunder shall cease to 22 exist on the date of the fifth anniversary of the effective date of the small wireless facility permit, or subsequent fifth anniversaries, unless the holder of the small wireless facilities permit adequately demonstrates to the Director of Code Enforcement prior to the relevant fifth anniversary that extenuating circumstances prevented a timely submission of such written certification. If the Director of Code Enforcement agrees that there were extenuating circumstances, then the holder of the expired small wireless facilities permit may submit a late recertification request or application for a new small wireless permit. O. Performance security for small wireless facilities. The applicant and the owner of record of any proposed small wireless facilities property site shall comply with any requirements set forth in Chapter 230 (Streets and Sidewalks) of the Town Code regarding the posting of security to place a small wireless facility in the public right-of-way. P. Authority to inspect. In order to verify that the holder of a small wireless facilities permit and any and all lessees, renters, and/or licensees of small wireless facilities place and construct such facilities, including supporting structures, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Town may inspect at any time, upon providing reasonable notice, all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, structures, antennas, accessory equipment and electromagnetic output. Q. Liability insurance. (1) An applicant for a small wireless facility permit shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the small wireless facilities permit in amounts as set forth below: (a) For co-location on an existing wireless telecommunications facility structure, the insurance policies shall be in the following amounts: [1] Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (b) For a small wireless facility located on a new wireless telecommunications structure, the insurance policies shall be in the following amounts: 23 [1] Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (2) For a small wireless telecommunications facility on Town property, the commercial general liability insurance policy shall specifically include the Town, the Town Board, other elected officials, and the Town's officers, board members, employees, committee members, attorneys, agents and consultants as additional insureds. (3) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A. (4) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance. (5) Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration or termination of the insurance that such policies are to renew or replace. (6) Prior to the issuance of a permit for a small wireless facility, the applicant shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts. [This is similar to the Town’s standard insurance language, but not as detailed. Will ask Town’s insurance agent to review] R. Indemnification. Any approval for small wireless facilities that is proposed for Town property or in a public right-of-way pursuant to this section shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times fully defend, indemnify, and hold harmless the Town, its elected officials, public officers, board members, employees, committee members, attorneys, agents and consultants from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, penalties, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs) (collectively referred to as the “Claims”), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, arising out of or caused by the placement, construction, 24 erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such Claims as may be attributable to the negligent or intentional wrongful acts or omissions of the Town or its servants or agents. S. Annual NIER certification. The holder of any small wireless facilities permit shall, annually, certify to the Director of Code Enforcement, or their authorized designee, that NIER levels at the site where a small wireless facility is located are within the threshold levels adopted by the FCC. In addition, the Town, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any small wireless facility is located, with or without notice to the wireless telecommunications provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Town. T. Default and/or revocation of small wireless facilities permit. (1) If any small wireless facilities are constructed, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the small wireless facility permit conditions and requirements, or it is determined conclusively that the applicant made materially false or misleading statements during the application process, then the Code Enforcement Officer shall notify the holder of the small wireless facilities permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance, and the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. [Adjust timing?] Notwithstanding anything to the contrary in this subsection or any other subsection of this section, if the violation or noncompliance causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Code Enforcement Officer may, at their sole discretion, order the violation remedied within 24 hours. (2) If, within the period set forth in Subsection ___ above, the small wireless facilities are not brought into compliance with the provisions of this section, or of the permit, or substantial steps are not taken in order to bring the affected small wireless facilities into compliance, then the Code Enforcement Officer may revoke such small wireless facility permit and require removal of such small wireless facility pursuant to § ____ below. U. Removal. (1) Under the following circumstances, the Town [which board or officer?] may determine that the safety, public welfare, character and environment of the Town warrant and require the removal of small wireless facilities, under the following circumstances: 25 (a) The small wireless facility has been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case repair or removal shall be completed within 90 days of receipt of written notice from the Town to remove such small wireless facilities; (b) A permitted small wireless facility falls into such a state of disrepair that it creates a safety hazard; (c) The small wireless facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required small wireless facilities permit, or any other necessary authorization; or (d) Any small wireless facility is determined to be in violation pursuant to § ___ above and the holder of the small facilities permit fails to cure such violation within the time set forth in that section. (2) If the Planning Board [list board or officer listed in (1) above] makes a determination as noted in Subsection __(1) of this section, then it shall notify the holder of the small facilities permit and the owner of the property in writing that said small wireless facilities must be removed. (3) The holder of the small wireless facilities permit or the owner of the property shall be required to dismantle and remove such small wireless facilities, and all accessory equipment and associated structures, from the site and return the site to its original condition and certify through soils or other testing that no contamination has been created by the facility, such restoration being completed, limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town to remove such small wireless facilities. However, if the owner of the property upon which the small wireless facilities are located wishes to retain any access roadway to the small wireless facilities, the owner may do so with the approval of the Town. (4) If the small wireless facilities are not removed or substantial progress has not been made to remove the small wireless facilities within 90 days after the small facility permit holder and owner of the property have received such written notice of removal, then the Town may remove the small wireless facilities at the sole expense of the property owner and/small wireless facility permit holder. (5) If the Town removes or causes to be removed the small wireless facilities, and the owner of the wireless telecommunications facilities does not claim and remove them to a lawful location within 10 days, then the Town may take steps to declare the small wireless 26 facilities abandoned and dispose of or sell them and their components and retain the proceeds therefrom. For removal actions on private property, the Town shall present the owner of the wireless telecommunications facilities and the property owner with a bill for all costs and expenses incurred by the Town in connection with removal. If neither the owner of the wireless telecommunications facility nor the property owner pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest either may pursue, then such unpaid costs, expenses and interest (at the statutory interest rate for money judgments in New York State courts) incurred from the date of the removal measures shall constitute a lien upon the land on which such measures were undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (6) The Town's rights to undertake removal measures and recover the costs from the owner of the wireless telecommunications facility and the property owner are in addition to all other rights and remedies allowed by this chapter or by law or in equity. (7) Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth above, within the number of days that the Town reasonably determines is necessary and specifies in a written notice to an owner of a small wireless facility in the public right-of-way, said owner shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility (including accessory equipment) when the Town, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, or change is reasonably necessary under the following circumstances: [1] To construct, repair, maintain or install any Town or other public improvement located in the public right-of-way; [2] To prevent interference with the operations of the Town or other governmental entity, in the public right-of-way; 27 [3] Public abandonment of a street or road or public release of a utility easement; or [4] An emergency as determined by the Town Board. [Change to Director of Public Works?] X. Reimbursement for the use of the public right-of-way. In addition to permit fees for a small wireless facility permit, every small wireless facility located in the public right-of- way is subject to the Town's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way. Such compensation for use of the public right-of- way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of-way management activities by the Town. The owner of each small wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in the Town Fee Schedule, as it may be amended from time to time. [STOPPED REVISING LAW HERE FOR 4/29/20 COC MEETING. RED-LINING AND NOTES PAST THIS POINT WERE FOR 1/29/20 COC MEETING. AFTER THE 4/29/20 COC MEETING, CHANGES WILL BE MADE TO THE REST OF THE LAW, WHICH DEALS WITH LARGE WIRELESS FACILITIES] Y. Special use permit applications for large wireless facility applications. (1) Except as otherwise provided by this section, no large wireless facilities shall be installed, constructed or substantially changed until a special use permit application is reviewed and approved by the Planning Board and a special use permit has been issuedall Planning Board conditions are met. (2) Upon receipt of an application for a large wireless facility, the Planning Board shall review said application and plans in accordance with the standards and requirements set forth in this section. However, notwithstanding anything to the contrary, where appropriate, the Planning Board shall have the authority to waive any requirements set forth in this section relating to the an application for, or approval of, a special use permit for a large wireless facility, provided that it would further the purposes of this section. (3) The Planning Board may attach such conditions and safeguards to any permit and site development plan as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements. (4) No application shall be accepted and no permit shall be issued for a large wireless facility 28 on a property where the Building Inspector a Code Enforcement Officer has found, or there exists, a violation of the Town Code and where such violation has not been corrected. (5) Granting a special use permit shall not waive the requirement for final site plan approval, including fees, in accordance with Chapter 125, Chapter 270 (Zoning), Article IX XXIII, (Site Plan Review and Approval Procedures). (6) An application for a special use permit for a large wireless facility shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Planning Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction. (7) The applicant must provide documentation to verify it has a legal interest in the site where the large wireless facility is to be located. Said documentation may be in the form of a deed, contract for sale or lease for the property, depending on whether the applicant is the property owner, contract-vendee or lessee. (8) The applicant shall include a statement, in writing, that: (a) The applicant's proposed large wireless facility shall be maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and (b) The construction of a large wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in the New York State. (9) The application shall be accompanied by a map, in graphical form and in AutoCAD® or compatible drawing exchange file format, which shows the applicant's existing and proposed area of coverage. Such map should locate all existing facility sites within the Town and within one mile of the Town in bordering communities. (10) In addition to all other required information as stated in this section, all applications for the construction or installation of new large wireless facilities, or any substantial change to an existing large wireless facility, shall contain the following information: (a) A descriptive statement of the objective(s) for the new facility or modification, including and expanding on a need such as coverage and/or capacity requirements; 29 (b) Documentation that demonstrates and proves the need for the large wireless facility to provide service primarily and essentially within the Town. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in- service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage; (c) The name, address and phone number of the person preparing the report; (d) The name, address, and phone number of the property owner, operator and applicant; (e) The postal address and Tax Map parcel number of the property; (f) The zoning district or designation in which the property is situated; (g) The size of the property stated both in square feet and lot line dimensions, and a survey prepared by a licensed professional surveyor showing the location of all lot lines; (h) The location of the nearest residential structure; (i) The location, size and height of all existing and proposed structures on the property which is the subject of the application; (j) The type, locations and dimensions of all proposed and existing landscaping and fencing, if the proposed facility is located outside the public rights-of-way; (k) The number, type and model of the antenna(s) proposed, with a copy of the specification sheet; (l) The make, model, type and manufacturer of the support structure and a design plan stating the support structure's capacity to accommodate multiple users; (m) A site plan describing the proposed support structure and antenna(s) and all related accessory equipment, fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting; (n) The frequency, modulation and class of service of radio or other transmitting equipment; (o) The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s); (p) Direction of maximum lobes and associated radiation of the antenna(s); 30 (q) Applicant's proposed support structure and accessory equipment maintenance and inspection procedures and related system of records; (r) Documentation justifying the total height of any wireless telecommunications facility support structure and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown; (s) Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC; (t) A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices; (u) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities; (v) Certification that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrate, and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site; (w) Identify the proposed location of emergency power supply and the decibel level emitted during testing and operation; (x) Information relating to the expected useful life of the proposed large wireless facility; (y) Construction details for the proposed tower, supporting structure, and base, including specifications for the maximum height of the tower or structure the proposed base could support; and (z) Information relating to intended future co-locations on the large wireless facility that may result in a further increase in the size or height of the proposed large wireless facility. (11) In the case of a new wireless telecommunications facility support structure for a large wireless facility, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing wireless telecommunications support structure(s) or the use of alternative existing buildings or other structures within a 1/2-mile radius of the site proposed. Copies of written requests and responses for shared use shall be provided to the Planning Board with the application, along with any letters of rejection, stating the reason for rejection. Acceptable reasons for rejection include: (a) The proposed antenna and accessory equipment would exceed the structural capacity of the 31 existing building or other structure, and its reinforcement cannot be accomplished at a reasonable cost. (b) The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building or other structure, and the interference cannot be prevented at a reasonable cost. (c) Such existing buildings or other structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function. (d) A commercially reasonable agreement could not be reached with the owner of such building or other structure. (12) The applicant shall furnish written certification that the wireless telecommunications facility, structure, foundation, attachments and accessory equipment are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. If the large wireless facility is subsequently approved and constructed, as-built certification indicating that the large wireless facility has been constructed in accordance with all standards shall be furnished to the Town prior to issuance of any certificate of occupancy or compliance. (13) The applicant shall submit a completed long-form EAF. Based on circumstances of each application for a large wireless facility, the Planning Board may require submission of a detailed visual analysis. (14) All proposed large wireless facilities shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, will employ stealth technologies where appropriate, and will thereby have the least-adverse visual effect on the environment, the character of the community, surrounding properties and on the residences in the area of the large wireless facility. (15) The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has been, is or will be considering, reviewing or planning for wireless telecommunications facilities in the Town, and all municipalities adjoining the Town, for a two-year period following the date of the application. Z. General and specific requirements for large wireless facilities. Large wireless facilities are permitted in all zones, subject to the restrictions and conditions prescribed below: (1) Construction and design. All large wireless facilities shall be designed, constructed, 32 operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most- recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any large wireless facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town. (2) Wind and ice. All large wireless facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). (3) Aviation safety. Large wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety. (4) Public safety communications. Large wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. (5) Radio frequency emissions. A large wireless facility shall not, by itself or in conjunction with other WCFswireless communication facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. When a small wireless facility is complete, as-built readings will be taken and submitted to the Town. (6) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply: (a) Large wireless facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. (b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents. (c) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents. (d) The owner or operator of a large wireless facility shall maintain standby power generators capable of powering the wireless telecommunications facility for at least 24 hours without 33 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 require standby power longer than 24 hours where circumstances indicate sufficient space exists to accommodate longer periods of backup power. Add the Town of Ithaca’s access and parking requirements from its current law? They are: “(1) Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for telecommunication facilities must be at least 12, but no more than 24 feet wide, and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. (2) The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway. (3) Parking areas shall be sufficient to accommodate the usual number of service vehicles expected on the premises at any one time. Space off of public highways shall be provided (not necessarily in parking areas) to accommodate the greatest number of service vehicles expected on the premises at any one time. (4) Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.” AA. Approval procedures. (1) For any special use permit application, the Planning Board shall hold a public hearing on due notice within 60 days after submission of a formal completed application, including such technical information from the applicant as may be required by the Planning Board for a special use permit under the provisions of this section. (2) Notice of the public hearing shall be by publication in the official newspaper of the Town at least 10 days in advance of the hearing. The hearing notice shall indicate that the application may be examined and further information is available from the Planning Board office during regular business hours. Copies of the publication order shall be mailed by the applicant to the owners of property within 1,000 feet of the property which is the subject of the application, and an affidavit of service thereof shall be filed with the Planning Board due on or before the date of the hearing. (3) In any district, the Planning Board may grant a special use permit for the construction of the large wireless facilities for a period of five years. 34 (4) All decisions of the Planning Board involving applications for large wireless facilities shall be in writing and supported by substantial evidence contained in a written record. (5) Time frames for approval. (a) Within 30 days of receipt of any application for a large wireless facility, the Town shall notify the applicant in writing of any supplemental information required to complete the application. Such notification shall toll the applicable shot clock until the applicant submits the required supplemental information. (b) Within 90 days of receipt of an application for a co-located large wireless facility or 150 days of receipt of an application for a new large wireless facility with accompanying support structure, including such technical information from the applicant as may be required by the Planning Board for a special use permit under the provisions of this section, the Town shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision. (6) All time periods set forth in this section reference calendar days. BB. Location. (1) Applications for special use permits for large wireless facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, (a) being the highest priority and (g) being the lowest priority. (a) Co-location on existing wireless telecommunications facilities on lands owned or controlled by the Town, not including the public right-of-way; (b) Co-location on a site with existing wireless telecommunications facilities or other tall structures in the Town; (c) On other lands owned or controlled by the Town, including, but not limited to, the Town public right-of-way; (d) On lands owned or controlled by other municipal corporations within the Town, to the extent permitted by such other municipal corporation; (e) On nonresidential zoned properties; (f) On residential zoned properties; and (g) No large wireless facilities shall be permitted in the Bedford Forest Home Historic District., 35 Katonah Historic District, or on any property designated as a Tier I or Tier II property, unless the applicant demonstrates to the Planning Board's satisfaction that the selected site is necessary to provide adequate service and no feasible alternative site exists. Approval shall be required from the Bedford Village Historic District Review Commission, the Katonah Historic District Advisory Commission, or the Historic Building Preservation Commission, as appropriate, before any large wireless facility is approved in the Bedford Historic District, Katonah Historic District, or on any property designated as a Tier I or Tier II property. See the Town of Ithaca’s priority provisions under H above. Use the Town’s provisions instead or revise Bedford’s provisions to incorporate some of the Town’s provisions? (2) If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a special use permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site. (3) An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. An application shall address co-location as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially impracticable. (4) Notwithstanding the above, the Town may approve any site located within the Town, provided that the Town finds that the proposed site is in the best interest of the safety, public welfare, character and environment of the Town and will not have a deleterious effect on the nature and character of the community and surrounding properties. CC. Height. Wireless telecommunications facility support structures shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate co-location by additional antenna arrays, but under no circumstances is the height to be in excess of 150 feet. DD. Setback. All large wireless facilities, including any support structures and accessory equipment, located outside the public right-of-way shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other 36 forms of screening and/or structural characteristics of the proposed support structure. Compare with Town of Ithaca’s current fall zone and other dimensional requirements below—retain Ithaca’s? Add any portion of Bedford’s requirements? “(1) A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to the height of the tower and any attached antennae. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, and may not, except as set forth below, contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief may be granted by specific permission of the Planning Board on a case-by-case basis if it is determined by such Board after submission of competent evidence, that the waiver of this requirement will not endanger the life, health, welfare or property of any person. In granting any such waiver, the Board may impose any conditions reasonably necessary to protect the public or other property from potential injury. (2) All telecommunication facilities shall be located on a single parcel. (3) All telecommunication facilities shall comply with the setback, frontage, minimum lot size, and yard standards of the underlying zoning district and the fall zone requirements of this article. To the extent there is a conflict, the more restrictive provision shall govern. The size of the leased or owned lot, together with any land over which the applicant has obtained an easement, shall be, at a minimum, sufficiently large to include the entire fall zone. All lots leased or owned for the purpose of construction of a tower as part of telecommunications facility shall conform, at a minimum, to the lot size requirements of the underlying zoning district or the size of lot necessary to encompass the entire fall zone (to the extent easements for any part of the fall zone that extends outside the minimum lot size permitted in the zoning district have not been obtained), whichever requirement results in a larger lot. (4) Notwithstanding provisions to the contrary of any other article of this chapter, the front, side, and rear yard requirements of the underlying zoning district in which a telecommunications facility is erected shall apply not only to a tower, but also to all tower parts including guy wires and anchors, and to any accessory buildings.” EE. Visibility. (1) All large wireless facilities shall be sited so as to have the least-adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the 37 wireless telecommunications facilities sites. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under federal, state and local laws, statutes, codes, rules or regulations. (2) Both the large wireless facility and any and all accessory equipment shall maximize use of building materials, colors and textures designed to blend with the structure to which they may be affixed and/or to harmonize with the natural surroundings. (3) Large wireless facilities shall not be artificially lighted or marked, except as required by law. (4) Wireless telecommunications facility support structures for large wireless facilities shall be galvanized and/or painted with a rust-preventive paint of an appropriate color as specified by the Planning Board to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section. (5) Electrical and land-based telephone lines extended to serve the large wireless facility sites shall be installed underground. (6) Stealth technologies shall be required to be employed in an effort to blend into the surrounding environment and minimize aesthetic impact. Does COC want to require stealth technologies for all large facilities? (7) Landscaping shall be provided, if appropriate. Compare with Town of Ithaca’s current requirements below. Planning staff will be reviewing and possibly revising standards for large facilities. Add any portion of Bedford’s requirements? “G. Lighting and marking. (1) Towers shall not be artificially lighted and marked beyond the requirements of the FAA. (2) Notwithstanding the preceding subsection, an applicant may be compelled to add FAA-style lighting and marking, if in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety and would not unduly adversely affect residents of any surrounding property. H. Appearance and buffering. 38 (1) The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons is prohibited. (2) The facility shall have the least practical visual effect on the environment, as determined by the Planning Board. Any tower that is not subject to FAA marking as set forth above shall otherwise: (a) Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Planning Board, or (b) Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function. (3) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings. (4) Each application for a proposed facility shall be accompanied by a SEQR full environmental assessment form ("full EAF"). A visual environmental assessment form ("visual EAF") shall be required as an addendum to the full EAF. The Planning Board may require submittal of a more detailed visual analysis based on the contents of the visual EAF. (5) The facility shall have appropriate vegetative buffering, reasonably satisfactory to the Planning Board, around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. The Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. (6) Without limiting the requirements of the preceding subsection, existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall occur in connection with the telecommunications facility prior to the granting of special permit and site plan approval. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. (7) The Planning Board may require additional information, such as line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate tower designs to more clearly identify adverse impacts for the purpose of their mitigation. 39 (8) Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site.” FF. Security. (1) All large wireless facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically: (a) All antennas and supporting structures, including guy anchor points and wires and accessory equipment, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and (b) Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them. Revise the above to add one or more of the Town of Ithaca’s security provisions below? “(1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which may, at the discretion of the Planning Board in deference to the character of the neighborhood, be comprised of three-strands of barbed wire to discourage unauthorized access to the site. The Planning Board may waive the requirement of fencing if, in its discretion, it determines that other forms of security are adequate, or that, by reason of location or occupancy, security will not be significantly compromised by the omission, or reduction in size, of the otherwise required fencing. (2) Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered. (3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower. (4) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.” GG. Escrow for review costs. In accordance with the procedures set forth in Chapter 47153 (Fees) of the Town Code, and to the extent permissible under federal law, for large wireless facility applications, the applicant shall be required to provide funds to an escrow account held by the Town to allow the Planning Board to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the 40 review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant. HH. Recertification of special use permit. (1) At any time between 12 months and six months prior to the five-year anniversary date after the effective date for the special use permit for large wireless facilities and all subsequent fifth anniversaries of the effective date of the original special use permit for large wireless facilities, the holder of a special use permit for such large wireless facilities shall submit a signed, written request to the Planning Board for recertification. In the written request for recertification, the holder of such special use permit shall note the following: (a) The name of the holder of the special use permit for the wireless telecommunications facilities. (b) The date of the original granting of the special use permit. (c) Whether the large wireless facility has been modified since the issuance of the special use permit and, if so, in what manner. (d) Any requests for waivers or relief of any kind whatsoever from the requirements of this section and any requirements for a special use permit. (e) Certification that the large wireless facilities are in compliance with the special use permit and in compliance with all applicable codes, laws, rules, regulations and federal certification requirements. (f) Certification that the wireless telecommunications support structure, base station and accessory equipment are designed and constructed (as built) and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a qualified New York State licensed professional engineer. (2) If, after such review, the Planning Board determines the permitted large wireless facility is in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Planning Board shall recertify the special use permit for the large wireless facility, which may include any new provisions or conditions that are mutually agreed upon or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations. If, after such review, the Planning Board determines that the permitted large wireless facility is not in compliance with the special use permit and all applicable statutes, local laws, ordinances, codes, rules and regulations, then the Planning Board may refuse to issue a recertification of the special use permit for the large wireless facility, and, in such event, such large wireless facility shall not be used after 41 the date that the applicant receives written notice of such decision by the Planning Board unless and until any deficiencies determined by the Planning Board are cured. Any such decision shall be in writing and supported by substantial evidence contained in a written record. (3) If the applicant has submitted all of the information requested by the Planning Board and required by this section, and if the Planning Board does not complete its review, as noted in Subsection HH(2) ___ of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, then the applicant for the permitted large wireless facility shall receive an extension of the special use permit for up to six months in order for the Planning Board to complete its review. (4) If the holder of a special use permit for a large wireless facility does not submit a request for recertification of such special use permit within the time frame noted in Subsection HH(1)___ of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the special use permit adequately demonstrates to the Planning Board that extenuating circumstances prevented a timely recertification request. If the Planning Board agrees that there were extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit. II. Application fees. At the time that an application for a special use permit is submitted for a large wireless facility, or to renew any such application, a nonrefundable application fee shall be paid in an amount as determined by the Town Board and as set forth in the Town Fee Schedule, in addition to any other fee required by law. JJ. Performance security for special permits. The applicant and the owner of record of any proposed large wireless facilities property site shall, at their cost and expense, be jointly required to execute and file with the Town a bond, or other form of security acceptable to the Town as to type of security and the form and manner of execution, in an amount of at least $75,000 for a large wireless facility on a new wireless telecommunications support structure and $25,000 for a co-location on an existing wireless telecommunications facility support structure or other existing structure; and with such sureties as are deemed sufficient by the Planning Board to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special use permit. 42 KK. Authority to inspect. In order to verify that the holder of a special use permit for a large wireless facility and any and all lessees, renters, and/or licensees of large wireless facilities place and construct such facilities, including the wireless telecommunications support structure, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Town may inspect at any time, upon providing reasonable notice, all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, wireless telecommunications support structures, antennas, accessory equipment, electromagnetic output and buildings. LL. Liability insurance. (1) An applicant for a special use permit for a large wireless facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special use permit in amounts as set forth below: (a) For co-location on any existing large wireless facility or other wireless telecommunications facility support structure, including existing utility poles or monopoles, the required insurance policies shall be in the following amounts: [1] Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (b) For all other large wireless facilities, the required insurance policies shall be in the following amounts: [1] Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (2) For a large wireless facility on Town property, the commercial general liability insurance policy shall specifically include the Town, the Town Board, other elected officials, and the Town's officers, board members, employees, committee members, attorneys, agents and 43 consultants as additional insureds. (3) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A. (4) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance. (5) Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration of the insurance that such policies are to renew or replace. (6) Prior to the issuance of a special use permit for a large wireless facility, the applicant shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts. MM. Indemnification. Any special use permit for a large wireless facility that is proposed for Town property or in the public right-of-way, pursuant to this section, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town and its elected officials, officers, board members, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town. The Town of Ithaca’s current telecommunications law does not contain indemnification requirements. NN. Regulations applicable to large wireless facilities in the public right-of-way. (1) In addition to the applicable special permit provisions and requirements listed in this section, all large wireless facilities located in the public right-of-way shall be required to comply with the following regulations: 44 (a) Location. Large wireless facilities in the public right-of-way shall be co-located on an existing wireless telecommunications facility whenever possible. If co-location is not technologically feasible, the applicant shall locate its large wireless facility on existing utility poles, monopoles or other structures that do not already act as wireless telecommunications facility support structures. (b) Design requirements: [1] All accessory equipment shall be the smallest and least-visibly-intrusive equipment feasible. [2] Antennas and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. (c) Equipment location. Large wireless facilities, which include wireless telecommunications support structures and accessory equipment in the public right-of-way, shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Town. In addition: [1] In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot. [2] To the extent feasible, accessory equipment shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology to the satisfaction of the Town. [3] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Town. [4] Any graffiti on any large wireless facility support structure, base station or any accessory equipment shall be removed within 30 days upon notification by the Town, at the sole expense of the owner. [5] Any proposed underground vault related to large wireless facilities shall be reviewed and 45 approved by the Town. [6] Accessory equipment attached to a large wireless facility support structure shall have such vertical clearance as the Planning Board may determine. (d) Relocation or removal of large wireless facilities in the public right-of-way. In addition to the removal provisions set forth in § 125-85.2RR ______ below, within 90 days' following written notice from the Town, or such longer period as the Town determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any large wireless facility or accessory equipment when the Town, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances: [1] To construct, repair, maintain or install any Town or other public improvement located in the right-of-way; [2] To prevent interference with the operations of the Town or other governmental entity in the right-of-way; [3] Abandonment of a street or road or the release of a utility easement; or [4] An emergency as determined by the Town Board. OO. Reimbursement for the use of the public right-of-way. In addition to permit fees for a large wireless facility permit, every large wireless facility located in the Town public right- of-way is subject to the Town's public right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way and for any applicable permitting fees set forth in Chapter 104153 (Fees) of the Town Code. Such compensation for use of the public right-of-way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of- way management activities by the Town. The owner of each large wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in the Town Fee Schedule. The Town of Ithaca’s current telecommunications law does not have a fee provision for use of the Town’s ROW. 46 PP. Annual NIER certification. The holder of any special use permit shall, annually, certify to the Planning Board or its authorized designee that NIER levels at the site where the large wireless facilities are located are within the threshold levels adopted by the FCC. In addition, the Town, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any large wireless facility is located, with or without notice to the wireless telecommunications provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Town. QQ. Default and/or revocation of special use permit. (1) If large wireless facilities are constructed, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or any special use permit requirement, or it is determined conclusively that the applicant made materially false or misleading statements during the application process, then the Planning Board or the Building Inspector a Code Enforcement Officer shall notify the holder of the special use permit, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance, and the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this section, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Planning Board may, at its sole discretion, order the violation remedied within 24 hours. (2) If, within the period set forth in Subsection QQ(1)____ above, the large wireless facilities are not brought into compliance with the provisions of this section, or of the special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Planning Board or the Building Inspector the Code Enforcement Officer may revoke such special use permit for the wireless telecommunications facility and may require the removal of such large wireless facility. RR. Removal. (1) Under the following circumstances, the Town may determine that the safety, public welfare, character and environment of the Town warrant and require the removal of a large wireless facilities: (a) Large wireless facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days; 47 (b) Permitted large wireless facilities fall into such a state of disrepair that they create a safety hazard; (c) Large wireless facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special use permit, or any other necessary authorization; or (d) Any large wireless facility is determined to be in violation pursuant to § 125-85.2PP ___ above and fails to cure such violation within the time set forth in that section. (2) If the Planning Board makes such a determination as noted in Subsection RR(1) ____ of this section, then it shall notify the holder of the special use permit and the owner of the property that the large wireless facilities are to be removed. (3) The holder of the special use permit or the owner of the property shall dismantle and remove such large wireless facilities, and all accessory equipment, antennas, support structures and other associated structures and facilities, from the site and return the site to its original condition and certify through soils or other testing that no contamination has been created by the facility, such restoration being completed, limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town. However, if the owner of the property upon which the large wireless telecommunications facilities are located wishes to retain any access roadway to the large wireless facilities, the owner may do so with the approval of the Town. (4) If the large wireless facilities are not removed or substantial progress has not been made to remove the large wireless facilities within 90 days after the special use permit holder has received notice, then the Planning Board may order officials or representatives of the Town to remove the large wireless facilities at the sole expense of the property owner and/or special use permit holder. (5) If the Town removes or causes to be removed the large wireless facilities, and the owner of the large wireless facilities does not claim and remove any equipment or materials to a lawful location within 10 days, then the Town may take steps to declare the large wireless facilities abandoned and sell them and their components and retain the proceeds therefrom. The Town may also cause the costs associated with the removal and disposal of the large wireless facilities to be assessed on the property in the same manner as a tax or assessment. Does COC want to retain any part of the Town of Ithaca’s removal provisions below? “(1) At the time of submittal of the application for a special permit for a telecommunications facility, the applicant shall submit an agreement to remove all 48 antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. (2) At the time of obtaining a building permit, the applicant must provide a financial security bond for removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount approved by the Planning Board, but not less than $50,000. (3) At times of modification of the special permit, the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration.” SS. Penalties for offenses. In addition to any other remedies in this section, a violation of any provision of this section with respect to either large wireless facilities or small wireless facilities is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each continued violation shall constitute a separate additional violation. If this law remains in the Town of Ithaca’s Zoning Chapter, delete section SS. (Penalties for offenses) above. TT. Adherence to state and/or federal rules and regulations. (1) The holder of a special use permit or small wireless facility permit issued pursuant to this section shall adhere to and comply with all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards. (2) To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security, are amended 49 and/or are modified during the duration of a special use permit for large wireless facilities and a small wireless facility permit for small wireless facilities, then the holder of such a special use permit or small wireless facility permit shall conform the permitted wireless telecommunications facilities to the applicable amended and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity. FOR 4/29/20 COC MEETING This document annotates the Wireless Telecommunications Facilities law passed by the Town of Bedford, NY in December 2018. Suggested changes to adapt the law for the Town of Ithaca are shown in red-line. Bedford’s law is being used as the suggested model for the Town of Ithaca’s law because Bedford’s law addresses all of the statutory and FCC Order requirements, and its organization (dealing with small wireless facilities separately from large wireless facilities) makes sense. A. Purpose and legislative intent. (1) The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless telecommunications facilities in the Town of BedfordIthaca. While the Town recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents, and businesses, and institutions, the Town also recognizes that it has an obligation to protect public safety and to minimize the adverse effects of such facilities. (2) By enacting this chaptersection, the Town intends to: (a) Provide for the managed development of wireless telecommunications facilities in a manner that enhances the benefits of wireless communications and accommodates the needs of Town residents, businesses and institutions to receive, and wireless carriers to provide, communication signals without interference from other communication providers, in accordance with federal, state and local laws and regulations; (b) Establish fair and efficient processes for review and approval of applications; (c) Establish procedures for the design, siting, construction, installation, maintenance and removal of wireless telecommunications facilities in the Town; (d) Address and provide for new wireless technologies, including, but not limited to, microcell and distributed antenna systems ("DAS") technologies; (e) Encourage the co-location of wireless communications facilities on existing structures rather than the construction of a new support structures; (f) Protect Town residents, and businesses and institutions from potential adverse impacts of wireless communications facilities, to the maximum extent permitted under law;, and to attempt to preserve the visual character of established communities and the natural beauty of the landscape; (g) Minimize Avoid and minimize safety hazards and avoid potential damage to adjacent properties through proper locational, engineering and operational requirements; 2 (h) Minimize Protect the physical appearance of the Town and preserve its scenic and natural beauty by avoiding and minimizing adverse visual and aesthetic impacts of wireless telecommunications facilities to the maximum extent practicable through careful design, siting, landscaping, screening and innovative camouflaging techniques; (i) Protect the physical appearance of the Town and preserve its scenic and natural beauty; (j) Protect the public health, safety and welfare; (k) Protect property values of the community; (l) Minimize the impact of such facilities on residential properties; and (m) Encourage the siting of wireless telecommunications services facilities on properties and areas which are not used exclusively for residential purposes.; and [Does this make sense for DAS located in ROWs on residential properties?] (n) Protect, to the maximum extent practicable, aesthetic qualities, the open space character of the Town of Bedford, the property values of the community, the health and safety of citizens, and a citizen's ability to receive communication signals without interference from other communication providers, while not unreasonably limiting competition among communication providers. B. Definitions. As used in this section, the following terms shall have the meanings indicated: [Still need to comprehensively review and revise the definitions, so COC should not spend time discussing them at its 4/29/20 meeting. Most definitions will end up in §270-5 Definitions. ] ACCESSORY OR ANTENNA EQUIPMENT Any equipment serving or being used in conjunction with wireless telecommunications facilities and located on the same property or lot as the wireless telecommunications facilities, including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, buildings and similar structures, and, when co-located on a structure, which is mounted or installed at the same time as an antenna. ANTENNA An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service (whether on its own or with other types of services). For purposes of this definition, the 3 term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part 15 of Title 47 of the United States Code. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. BASE STATION A structure or equipment at a fixed location that enables Commission-licensed or - authorized wireless communications between user equipment and a communications network. (1) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and microcell networks). (3) The term includes any structure that supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support. (4) The term does not include any structure that, at the time the relevant application is filed with the Town under this section, does not support or house equipment described in Subsections (1) and (2) of this definition. CO-LOCATION Consistent with the Nationwide Programmatic Agreement (NPA) for the co-location of wireless antennas: (1) Mounting or installing an antenna facility on a preexisting structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. DISTRIBUTED ANTENNA SYSTEM (DAS) A network of spatially separated antenna sites connected to a common source that provides wireless communications service within a geographic area or structure. EAF 4 The environmental assessment form approved by the New York State Department of Environmental Conservation. FAA The Federal Aviation Administration, or its duly designated and authorized successor agency. FCC The Federal Communications Commission, or its duly designated and authorized successor agency. HEIGHT When referring to a structure, the distance measured from the preexisting grade level to the highest point on the structure, including the antenna and any other appurtenances. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. LARGE WIRELESS FACILITY Any wireless telecommunications facility that is not a small wireless facility. MICROCELL FACILITY Microcells are low-powered wireless base stations that function like cells in a mobile wireless network, typically covering targeted indoor or localized outdoor areas ranging in size from homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A microcell facility meets both the following qualifications: each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed element, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and all other wireless equipment associated with the facility is cumulatively no more than 17 cubic feet in volume. MODIFICATION The improvement, upgrade or expansion of existing wireless communications facilities, or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless communications facilities. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. 5 MONOPOLE A wireless communications support structure which consists of a single pole, designed and erected on the ground or on top of a structure, to support a wireless communications antenna and accessory equipment. NIER Nonionizing electromagnetic radiation. PERSON Any individual, corporation, estate, trust, partnership, joint-stock company, association of two or more persons having a joint common interest, or any other entity. PUBLIC RIGHT-OF-WAY Any way over which the public possesses the right to travel, which heretofore has been duly laid out, adopted and established by law, whether publicly owned or not. The term "road" includes state, county and Town highways and roads, streets, squares, places, courts, boulevards, parkways and other ways, however designated, to which the public has access. Use a different term, or keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. REPLACEMENT The replacement of existing wireless communications antenna on any existing support structure or on existing accessory equipment for maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the existing wireless communications antenna and which does not substantially change the physical dimensions of any existing support structure. Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. SMALL WIRELESS FACILITY A wireless telecommunications facility, including, but not limited to, DAS and microcells, that meets each of the following conditions: (1) The structure on which antenna facilities are mounted: (a) Is 50 feet or less in height; or (b) Is no more than 10% taller than other adjacent structures; or (c) Is not extended to a height of more than 10% above its preexisting height as a result of the 6 co-location of new antenna facilities; and (2) Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and (3) All antenna equipment associated with the facility (excluding antennas and backup power and related backup power equipment) is cumulatively no more than 28 cubic feet in volume; and (4) The facility does not require antenna structure registration under Part 17; (5) The facility is not located on tribal lands, as defined under 36 CFR 800.16(x); and (6) The facility does not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in Rule 1.1307(b). STEALTH TECHNOLOGY Camouflaging methods applied to wireless communications facilities which render them more visually appealing or which serve to blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof- mounted facilities, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, light poles, and the like. STRUCTURE A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services). Keep this definition in the Wireless Telecommunications Facilities section, as we do not want it to apply throughout the Zoning Chapter. SUBSTANTIAL CHANGE Will revise definition to be consistent with FCC’s 2014 Order both in and out of ROW A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria: (1) The mounting of a proposed antenna on existing towers that would increase the original height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. 7 (2) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter. (3) The mounting of the proposed antenna would involve adding an appurtenance to the body of an existing wireless telecommunications support structure that would protrude from the edge of the original support structure more than 20 feet, or more than the original width of the support structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet, except that the mounting of the proposed antenna may exceed the size limits herein if necessary to shelter the antenna from inclement weather or to connect the antenna to the support structure via cable. (4) The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site. (5) The modification defeats concealment and/or stealth elements of the support structure. (6) The modification does not comply with prior conditions of the approval for the existing structure and/or site; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified above. Add a definition for “tower,” which the FCC defined in its 2014 Order. The following is the definition from a National League of Cities model provision: TOWER Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. TRANSMISSION EQUIPMENT Equipment that facilitates transmission for any Commission-licensed or -authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, 8 private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. UTILITY POLE A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control, signage, or a similar function, regardless of ownership, including Town-owned poles or poles owned by other utility companies. Any utility pole in excess of 50 feet shall be deemed a tower. WIRELESS TELECOMMUNICATIONS FACILITY A structure, facility or location designed or intended to be used as, or used to support, antennas, along with any antennas located on such structure and any accessory equipment. It includes, without limit, freestanding towers, guyed towers, monopoles, DAS, microcell or small wireless facilities on utility poles in the public right-of-way or property of the Town or within the Town and similar structures that employ stealth technology, including, but not limited to, structures such as a multistory building, church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It includes any structure, antennas and accessory equipment intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave telecommunications or other cellular communications technologies, but excluding those used exclusively for the Town's fire, police and other dispatch telecommunications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar telecommunications. [What about private phone and internet connections?] WIRELESS TELECOMMUNICATIONS PROVIDER A wireless telecommunications infrastructure provider or a wireless telecommunications services provider. C. General approval and Ppermits requirements for wireless telecommunications facilities. (1) Subject to the provisions of this section, wireless telecommunications facilities are allowed in every zoning district in the Town. Wireless telecommunications facilities may not be located in an historic district that has been listed in the State or National Registers of Historic Places. (12) Except as otherwise provided by this section, no person shall be permitted to site, place, build, construct, modify, operate or prepare any site for the placement or use of wireless telecommunications facilities without having first obtained either a special use permit for a 9 large wireless facility or a small wireless permit for a small wireless facility.the approvals and permits required by this section. (23) Notwithstanding anything to the contrary in this section, any application for a wireless telecommunications facility that does not substantially change the dimensions of a wireless telecommunications facility an existing tower or base station and involving: (a) collocation of new transmission equipment; (b) removal of transmission equipment; or (c) replacement of transmission equipment shall not require site plan approval or a special use permit. All that shall be required are a small wireless facility permit and a building permit from a Code Enforcement Officer. The term for a small wireless facility permit issued under this subsection (3) shall be coterminous with the term of the underlying permit or other prior regulatory authorization for the subject tower or base station.or a small wireless facility permit. In the event that a modification to, or replacement of, an existing wireless telecommunications facility does not substantially change such existing wireless telecommunications facility, all that shall be required is a building permit from the Town Building Inspector. Changes made above reflect FCC Order requirements—Bedford exempted more modifications than required. Also, note that the Town does not have the ability to impose aesthetic criteria for facilities that fall under #2 above. From the FCC’s 2014 Order: “State and local governments may only require applicants to provide documentation that is reasonably related to determining whether the request meets the requirements of the provision…. States and localities may continue to enforce and condition approval on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.” (34) A rRepair and/or maintenance of an existing wireless telecommunications facility shall not require site plan approval, a special use permit or a small wireless facility permit. (45) In addition to the requirements set forth for the issuance of a small wireless facility permit or special use permit for a wireless telecommunications facility to be located in a public right-of-way as set forth in this section, any telecommunications provider seeking to place a wireless telecommunications facility in the public right-of-way shall also comply with the procedures and requirements set forth in Chapter 104230 (Streets and Sidewalks) of the Town Code relating to conducting construction activities within the public right-of-way. To the extent any provisions in Chapter 104230 are inconsistent with the provisions set forth in 10 this section, the provisions in this section shall control. (56) Notwithstanding the provisions set forth in this § 125-85.2C______, in the event an application seeks to place a wireless telecommunications facility on property owned or controlled by the Town, other than within a Town-owned public right-of-way, such application shall be exempt from the requirements of this section. and shall remain within the The Town Board has sole and absolute discretion of the Town Board,to determine whether to allow an applicant to place a wireless telecommunications facility on such Town property, and the Town Board which may impose such conditions on any such placement and use as it deems appropriate. Nothing herein shall be deemed to create any right or entitlement to use Town property for such wireless telecommunications facility. [Still need to research whether the Town may require the applicant to enter into a franchise or license agreement with the Town for facilities in the ROW.] (6) In the event any conflict exists between federal or state laws or regulations and any provision of this Wireless Telecommunications Law, the provisions of the most recently adopted federal or state laws or regulations shall be applied and control. D. Small wireless facility permit required.Approvals and permits required for small wireless facilities. (1) All small wireless facilities shall require a small wireless facility permit and a building permit to be issued by the Planning Boarda Code Enforcement Officer. Additional required approvals and permits are described below in this subsection D. (2) Small wireless facilities that are collocated on or modify a communications tower or base station and that constitute a substantial change (as defined by the FCC in 47 C.F.R. §1.40001(b)(7), as may be amended) shall require site plan approval and a special permit issued by the Planning Board pursuant to the requirements of this section and in accordance with Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval Procedures) and Article XXIV (Special Permits and Special Approvals). (3) Two or more small wireless facilities that constitute all or part of a system (e.g., DAS) shall require site plan approval and a special permit issued by the Planning Board pursuant to the requirements of this section and in accordance with Chapter 270 (Zoning), Article XXIII (Site Plan Review and Approval Procedures) and Article XXIV (Special Permits and Special Approvals), except as follows. No site plan approval or special permit is required for such a system that is located at least 500 feet from a public right-of-way and from the lot line of any adjoining owner. [COC to decide whether to include the lot line distance criteria] 11 (2) The Planning Board shall be empowered to condition the issuance of a building permit upon implementation of stealth technologies or other measures which mitigate visual effect. (3) All applications for small wireless facilities permits shall comply with all applicable provisions of this section. However, notwithstanding anything to the contrary, where appropriate, the Planning Board shall have the authority to waive any requirements set forth in this section relating to an application for, or approval of, a small wireless facility permit, provided that it would further the purposes of this section. (4) Unless otherwise set forth in this chapter, a DAS facility, microcell facility or other type of wireless telecommunications facility not meeting the requirements set forth for small wireless facilities shall require a special use permit from the Planning Board. E. Applications for small wireless facilities. (1) Upon receipt of an application for a small wireless facility, the Planning Board Code Enforcement Officer shall review said application and plans in accordance with the standards and requirements set forth in this chaptersection. (2) The Planning Board may attach such conditions and safeguards to any small wireless facilities permit and site development plan as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements. (3) No application shall be accepted, and no small wireless facilities permit or building permit shall be issued, for a property where the Building Inspector has found, or there exists, a violation of the Town Code and where such violation has not been corrected. except pursuant to written order of the Board of Appeals, where the proposed construction, alteration, or use would be in violation of any provision of this chapter or would occur on a parcel on which a violation of any provision of this chapter exists. (4) Granting a small wireless facilities permit shall not waive the requirement for final site plan approval, including fees, in accordance with Chapter 125, Article IX, Site Plan Approval, if applicable. (5) An application for a small wireless facilities permit shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Code Enforcement Officer or Planning Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction. 12 (6) The applicant must provide documentation to verify it has a legal interest in the site, if not within the public right-of-way. Said documentation may be in the form of a deed, contract or sale or lease for the property, depending on whether the applicant is the property owner, contract vendee or lessee. (7) The applicant shall include a statement, in writing, that: (a) The applicant's proposed small wireless facility shall be maintained in a safe manner and in compliance with all conditions of the small wireless facility permit, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and (b) The construction of the small wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in New York State. (8) If proposing a new structure for the purpose of supporting a small wireless facility, the application shall be accompanied by a map which shows the applicant's existing and proposed area of coverage. Such map should locate all existing wireless telecommunications facility sites within the Town and within 1/2 mile of the proposed small wireless facility. (9) In addition to all other required information as stated in this section, all applications for the construction or installation of a new small wireless facility or modification of an existing small wireless facility shall contain the following information: (a) A descriptive statement of the objective(s) for the new facility or modification, including and expanding on [??] a need such as coverage and/or capacity requirements; [Verify Town can require a showing of need in all situations, including non-substantial collocations under §6409(a) that the Town must approve.] (b) Documentation that demonstrates and proves the need for the small wireless facility to provide service primarily and essentially within the Town. Such documentation shall include, but not be limited to: [Verify Town can require showing of need in this way.] [1] Information relating to all other wireless telecommunications facilities or antennas associated with such wireless telecommunications facilities that are to be deployed utilized in the Town in conjunction with the proposed small wireless facility; and [2] Propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage; [Verify Town can require this.] 13 (c) The name, address and phone number of the person preparing the report; (d) The name, address, and phone number of the property owner, operator and applicant; (e) The postal address and Tax Map parcel number of the property; (f) The zoning district or designation in which the property is situated; (g) The size of the property, stated both in square feet and lot line dimensions, and a survey prepared by a licensed professional surveyor showing the location of all lot lines, if the proposed small wireless facility is located outside the public right-of-way; (h) The location of the nearest residential structure; (i) The location, size and height of all existing and proposed structures on the property which is the subject of the application; (j) The type, locations and dimensions of all proposed and existing landscaping and fencing, if the proposed small wireless facility is located outside the public right-of-way; (k) The number, type and model of the antenna(s) proposed, with a copy of the specification sheet; (l) The make, model, type and manufacturer of the utility pole, monopole or other structure on which any antenna or accessory equipment for a small wireless facility is to be located and a design plan stating the structure's capacity to accommodate multiple users; (m) A site plan describing any new proposed structure and antenna(s) and all related fixtures, accessory equipment, appurtenances and apparatus, including, but not limited to, height above preexisting grade, materials, color and lighting; (n) The frequency, modulation and class of service of radio or other transmitting equipment; (o) The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s); (p) Direction of maximum lobes and associated radiation of the antenna(s); (q) Applicant's proposed maintenance and inspection procedures and related system of records; (r) Documentation justifying the total height of any proposed antenna and structure and the basis therefor. Such justification shall be to provide service within the Town, to the extent 14 practicable, unless good cause is shown; [Verify the Town can require this] (s) Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC; (t) A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices; (u) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities; (v) Certification that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrate and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site, though the certifying engineer need not be approved by the Town; and (w) Information relating to the expected useful life of the proposed small wireless facility. (10) The applicant shall furnish written certification that the small wireless facility and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. If the wireless facility is subsequently approved and constructed, as-built certification indicating that the facility has been constructed in accordance with all standards shall be furnished to the Town prior to issuance of any certificate of occupancy or compliance. [Does the Town require a COO or a COC?] (11) At the time that a person submits of submittal of an application for a small wireless facility, such person the applicant shall pay a nonrefundable application fee in an amount as determined by the Town Board and as set forth in the Town Fee Schedule, as it may be amended from time to time, in addition to any other fee required by law. [Work with staff to add any existing TOI application requirements not already covered] (11) All proposed small wireless facilities The application shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, will employ stealth technologies as directed by the Planning Board, where appropriate, and will thereby have the least-adverse visual effect on the environment, the character of the community, surrounding properties and on the residences in the area of the wireless telecommunications facility. 15 F. General and specific requirements for small wireless facilitiesEngineering, Safety and Maintenance Requirements. (1) Design. All small wireless facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All small wireless facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the safety or life of any person or any property in the Town. (2) Wind and ice. All small wireless facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). (3) Aviation safety. Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety. (4) Public safety communications. Small wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. (5) Radio frequency emissions. A small wireless facility shall not, by itself or in conjunction with other WCFswireless communication facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. When a small wireless facility is complete, as-built readings will be taken and submitted to the Town within __ days of the facility becoming operational. [How many days?] (6) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply: (a) Small wireless facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. (b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents and nearby properties. (c) All maintenance activities shall utilize nothing less than the best available technology for 16 preventing failures and accidents. (d) The owner or operator of a small wireless facility shall maintain standby power generators or batteries capable of powering the small wireless facility for at least 12 hours without additional public utility power and indefinitely with a continuous or replenished fuel supply, where appropriate. Such standby power shall activate automatically upon the failure of public utility power to the site. Notwithstanding the foregoing, the Planning Board or Code Enforcement Officer may waive the requirement for backup power, where appropriate, including, but not limited to, when a small wireless facility is not located in a densely populated area or on a major thoroughfare. [Does COC want to include this backup power requirement for SWFs?] [Work with staff to add any additional requirements from existing TOI law] G. Approval procedures. (1) For small wireless facility applications, the Planning Board may, at its discretion, require a public hearing. (2) In any district, the Planning Board may grant a small wireless facility permit for the construction of the wireless telecommunications facility. (3) All decisions of the Planning Board involving applications for a small wireless facility permit shall be in writing and supported by substantial evidence contained in a written record. (4) Time frames for approval. (a) Within 60 days of receipt of a complete application for the co-location of a small wireless facility on a preexisting utility pole, monopole or other existing wireless telecommunications facility support structure, the Planning Board (or Code Enforcement Officer, where site plan approval and a special permit are not required) shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision. (b) Within 90 days of receipt of a complete application for a small wireless facility on a new utility pole, monopole or other new wireless telecommunications facility support structure, the Planning Board (or Code Enforcement Officer, where site plan approval and a special permit are not required) shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision. (c) Within 10 days of receipt of an incomplete application for a small wireless facility, the 17 Town shall notify the applicant in writing of any supplemental information required to complete the application. Upon receipt of an applicant's supplemental information in response to the initial notification of incompleteness by the Town, the applicable shot clock will reset to zero, and the Town shall have the full 60 days or 90 days permitted by law to act on the completed application. (d) For any subsequent determinations of incompleteness beyond the initial, the Town shall notify the applicant of any required supplemental information within 10 days of receipt of the supplemental submission, and such notice shall toll the applicable shot clock until the applicant submits the required supplemental information. (5) All time periods set forth in this section reference calendar days. H. Location. [See Town of Ithaca’s language below—COC may prefer to revise Ithaca’s rather than use the following] (1) Applications for small wireless facilities shall locate, and site and erect said facility in accordance with the following priorities, (a) being the highest priority and (g) being the lowest priority. (a) Co-location on existing utility poles, monopoles or other wireless telecommunications facility support structures on lands owned or controlled by the Town, not including the public rights-of-way; (b) Co-location on a site with existing wireless telecommunications facilities or other wireless telecommunications facility structures in the Town; (c) On other lands owned or controlled by the Town, including, but not limited to, the Town public right-of-way; (d) On lands owned or controlled by other municipal corporations within the Town, to the extent permitted by such other municipal corporation; (e) On nonresidential zoned properties; (f) On residential zoned properties; and (g) No small wireless facilities shall be permitted in the Bedford Historic District, Katonah Historic District, or on any property designated as a Tier I or Tier II property, unless the applicant demonstrates to the Planning Board's satisfaction that the selected site is necessary to provide adequate service and no feasible alternative site exists. Approval shall be required from the Bedford Village Historic District Review Commission, the Katonah 18 Historic District Advisory Commission, or the Historic Building Preservation Commission, as appropriate, before any small wireless facility is approved in the Bedford Historic District, Katonah Historic District, or on any property designated as a Tier I or Tier II property. Use the priority provisions from the Town of Ithaca’s current telecommunications law, or revise Bedford’s to include some of Ithaca’s provisions? If we use Ithaca’s, expand collocation to cover structures besides towers. Ithaca’s law states: “E. Priority of siting locations. In determining whether a site is appropriate, and if it is determined a need exists for the telecommunications facility, the preferential order of location, to the extent the same may be, or may be made, technically feasible, is as follows: (1) Co-located on existing telecommunications towers; (2) Co-located on any other existing radio or other tower that would not require any increase in height nor significant noticeable structural additions to accommodate the telecommunications facility; (3) Within any industrial zones or existing planned development zones that permit industrial activities; (4) Within any light industrial zones or existing planned development zones that permit light industrial activities; (5) Within any existing community commercial zones or existing planned development zones which permits all of the activities permitted in a community commercial zone; (6) On any other property in the Town.” (2) If the proposed site is not proposed for If the highest priority listed above is not selected for the proposed site, then a detailed explanation must be provided as to why a site of a no higher priority sites was not were selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a special use permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site. (3) An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. A renewal shall include proof that reasonable efforts have been made to co-locate on an existing telecommunications facility or on another existing structure. An application shall address co-location as an option. If such option is not proposed, the 19 applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially impracticable. (4) Notwithstanding the above, the Planning Board may approve any site located within the Town, provided that the Planning Board finds that the proposed site will further the purposes of this section, is in the best interest of the safety, public welfare, character and environment of the Town and will not have a deleterious effect on the nature and character of the community and surrounding properties. I. Height. (1) Small wireless facilities shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate co-location by additional antenna arrays, but under no circumstances is the height to be in excess of what is permitted under federal requirements for small wireless facilities. J. Setback. All wireless telecommunications support structures for small wireless facilities located outside the public right-of-way shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including the support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. For facilities subject to site plan approval and special permit, Tthe Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure. [Revise this after COC decides the purpose of the setback requirement—safety, aesthetic impact on neighbors, both?] K. Visibility and Aesthetics. (1) All small wireless telecommunications facilities shall be sited so as to have the least- adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the wireless telecommunications facilities sites, to the maximum extent practicable. (2) Both the small wireless telecommunications facility and any and all accessory equipment shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. (3) Small wireless telecommunications facilities shall not be artificially lighted or marked, 20 except as required by law. (4) Electrical and land-based telephone lines extended to serve the wireless telecommunications services facility sites shall be installed underground. (5) Stealth technologies shall be required to be employed in an effort to blend into the surrounding environment and minimize aesthetic impact. (6) Landscaping shall be provided, if appropriate. (2) For small wireless facilities that are collocated on or modify a communications tower or base station and that constitute a substantial change (as defined by the FCC in 47 C.F.R. §1.40001(b)(7), as may be amended), the following requirements apply: a) There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility must be fully concealed and shall match the color of the structure on which the facility is located. There shall be no external cables and wires related to the facility hanging off or otherwise exposed. b) Each antenna shall be located within a stealth enclosure that matches the materials, color and design of the tower on which the antenna is located. c) All equipment enclosures shall be as small as possible and undergrounded when possible. Building-mounted enclosures shall be located within a stealth enclosure that matches the materials, color and design of the structure on which the enclosure is located. Ground-mounted enclosures shall have appropriate vegetative buffering to buffer the view from neighboring residences, recreation areas and public roads. The Planning Board may require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. Collocations along New York State- designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of wireless facilities. d) There shall be no illumination, except in accord with and as required by state or federal regulations. e) No portion of the wireless support structure or its accessory structures shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons. f) Access to the facility shall be achieved by using existing public or private roads; no new accessway, driveway or parking area shall be constructed. Equipment or vehicles not used in direct support, renovations, additions or repair of any wireless facility shall not be stored or parked on the facility site. (3) For two or more small wireless facilities that constitute all or part of a system (e.g., DAS), the following requirements apply: 21 a) The DAS must be collocated on existing utility poles or other structures, where possible. If such collocation is not possible, then all new poles and equipment located within a public right-of-way must be the same height, color and finish as surrounding poles. [The first sentence is new] b) There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility shall be installed underground. If undergrounding is not possible, then all cables, wires and connectors must be fully concealed on the wireless support structure and shall match the color of the wireless support structure. There shall be no external cables and wires related to the DAS facility hanging off or otherwise exposed on the wireless support structure. c) Each DAS antenna shall be located entirely within a shroud or canister type enclosure or a stealth facility. The diameter of an antenna enclosure at its widest point should not be wider than two times the diameter of the top of the wireless support structure. d) All antenna enclosures shall either be mounted to the top of the wireless support structure pole and aligned with the centerline of the support structure or mounted to the side of the structure such that the vertical centerline of the antenna enclosure will be parallel with the wireless support structure. Stealth enclosures shall match the architecture, materials, color and design of the structure on which they are located (e.g. streetlight pole, building rooftop chimney, cupolas, etc.) Photo examples of stealth applications include the following (source: stealthconcealment.com): e) All equipment enclosures shall be as small as possible and undergrounded when possible. Ground-mounted equipment shall incorporate concealment elements into the proposed design, matching the color and materials of the wireless support structure. Concealment may include, but shall not be limited to, landscaping, strategic placement in less obtrusive locations and placement within existing or replacement street furniture (see photo example of stealth pole above). f) Tree “topping”, or the improper pruning of trees is prohibited. Any proposed pruning or removal of trees, shrubs or other landscaping already existing in the ROW must be noted in the site plan application and must be approved by the Planning Board. g) There shall be no illumination, except in accord with and as required by state or federal regulations, or unless the illumination is integral to the camouflaging strategy (e.g. design intended to look like a streetlight pole). h) Guidelines on placement: DAS facilities and wireless support structures shall be located: 1. No closer than 250 feet away, radially, from another small wireless facility and support structure. 2. In alignment with existing trees, utility poles, and streetlights. 22 3. Equal distance between trees, when possible, with a minimum of 15 feet separation such that no proposed disturbance shall occur within the critical root zone of any tree. 4. So as to not be located along the frontage of any building deemed to be of historic significance on a federal, state, or local level. [What does historic significance at the local level mean? Town’s historic survey included all buildings at least 50 years old.] 5. New wireless support structures shall not be located directly in front of any existing residential or commercial structure. [Is this possible?] 6. Facilities along New York State-designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of such facilities. 7. If a streetlight is present, a combination wireless support structure and streetlight pole should only be located where an existing pole can be removed and replaced, or at a location where it has been identified that a streetlight is necessary. [Clarify—the last part does not follow from the first] (4) For individual small wireless facilities (they do not constitute all or part of a system), the following requirements apply: a) The small wireless facility must be collocated on an existing utility pole or other structure, where possible. b) There shall be no exposed wires. All cables and wires associated with the facility leading to and away from the facility shall be installed underground. If undergrounding is not possible, then all cables, wires and connectors must be fully concealed and shall match the color of the structure on which the small wireless facility is located. There shall be no external cables and wires related to the small wireless facility hanging off or otherwise exposed. c) Each small wireless antenna shall be located within a stealth enclosure that matches the architecture, materials, color and design of the structure on which the antenna is located (e.g. streetlight pole, building rooftop chimney, cupola, etc.). Photo examples of stealth applications include the following (source:stealthconcealment.com): d) All equipment enclosures shall be as small as possible and undergrounded when possible. Building-mounted enclosures shall be located within a stealth enclosure that matches the architecture, materials, color and design of the structure on which the enclosure is located (see photo examples above). Ground-mounted enclosures shall have appropriate vegetative buffering to buffer the view from neighboring 23 residences, recreation areas and public roads. Planning staff may require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. Collocations along New York State-designated Scenic Byways or located within an area listed in the Tompkins County or Town of Ithaca Scenic Resources Inventory must be as visually inconspicuous as possible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of such facilities. e) There shall be no illumination, except and in accord with and as required by state or federal regulations, or unless the illumination is integral to the camouflaging strategy (e.g. design intended to look like a streetlight pole). f) No portion of the wireless support structure or its accessory structures shall be used for signs or promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons. g) Access to the small wireless facility shall be achieved by using existing public or private roads; no new accessway, driveway or parking area shall be constructed. Equipment or vehicles not used in direct support, renovations, additions or repair of any wireless facility shall not be stored or parked on the facility site. L. Security. (1) All small wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically: (a) All antennas and other supporting structures shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and (b) Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them. M. Recertification of small wireless facilities permit. (1) At least sixty (60) days before the five-year anniversary date after the effective date for the small wireless facility permit, and for at least sixty (60) days before all subsequent fifth anniversaries of the effective date of the original permit for small wireless telecommunications facilities, the holder of the small wireless facility permit shall submit a signed, written document with the following information to the Town Building Department of Code Enforcement (or its successor department) confirming the compliance of the small wireless facility with the small wireless facility permit. Such submission shall include the following: (a) The name of the holder of the small wireless facilities permit for the wireless telecommunications facilities. 24 (b) The date of the original granting of the small wireless facilities permit. (c) Whether the small wireless facility has been modified since the issuance of the small wireless facilities permit and, if so, in what manner. (d) Any requests for waivers or relief of any kind whatsoever from the requirements of this section and any requirements for a small wireless facilities permit. (e) Certification that the small wireless facilities are in compliance with the original small wireless facilities permit and in compliance with all applicable codes, laws, rules, regulations, and federal certification requirements, including, but not limited to, this section. (f) Certification that the wireless telecommunications facility support structure, attachments and accessory equipment have been designed and constructed (as built) and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such certification shall be by a qualified New York State licensed professional engineer. (2) If the holder of a small wireless facility permit does not submit the certifications in this Subsection ___M(1) of this section within the time frame noted in Subsection M(1)___, of this section, then such small wireless facilities permit shall terminate and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit effective date of the small wireless facility permit, or subsequent fifth anniversaries, unless the holder of the small wireless facilities permit adequately demonstrates to the Planning Board Director of Code Enforcement prior to the relevant fifth anniversary that extenuating circumstances prevented a timely submission of such written certification. If the Town Building Inspector Director of Code Enforcement agrees that there were extenuating circumstances, then the holder of the expired small wireless facilities permit may submit a late recertification request or application for a new small wireless permit. N. Application fees. At the time that a person submits an application for a small wireless facility, such person shall pay a nonrefundable application fee in an amount as determined by the Town Board and as set forth in the Town Fee Schedule, in addition to any other fee required by law. O. Performance security for small wireless facilities. The applicant and the owner of record of any proposed small wireless facilities property site shall comply with any requirements set forth in Chapter 104230 (Streets and Sidewalks) of the Town Code regarding the posting of security to place a small wireless facility in the public right-of-way. 25 P. Authority to inspect. In order to verify that the holder of a small wireless facilities permit and any and all lessees, renters, and/or licensees of small wireless facilities place and construct such facilities, including supporting structures, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Town may inspect at any time, upon providing reasonable notice, all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, structures, antennas, accessory equipment and electromagnetic output. Q. Liability insurance. (1) An applicant for a small wireless facility permit shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the small wireless facilities permit in amounts as set forth below: (a) For co-location on an existing wireless telecommunications facility structure, the insurance policies shall be in the following amounts: [1] Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (b) For a small wireless facility located on a new wireless telecommunications structure, the insurance policies shall be in the following amounts: [1] Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (2) For a small wireless telecommunications facility on Town property, the commercial general liability insurance policy shall specifically include the Town, the Town Board, other elected officials, and the Town's officers, board members, employees, committee members, attorneys, agents and consultants as additional insureds. 26 (3) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A. (4) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance. (5) Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration or termination of the insurance that such policies are to renew or replace. (6) Prior to the issuance of a permit for a small wireless facility, the applicant shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts. [This is similar to the Town’s standard insurance language, but not as detailed. Will ask Town’s insurance agent to review] R. Indemnification. Any approval for small wireless facilities that is proposed for Town property or in a public right-of-way pursuant to this section shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times fully defend, indemnify, protect, save,and hold harmless, and exempt the Town, and its elected officials, public officers, board members, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, penalties, settlements, judgments, costs and expenses (including without limitation reasonable attorney’s fees and costs) (collectively referred to as the “Claims”), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, arising out of or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such claims, suits, demands, causes of action or award of damages Claims as may be attributable to the negligent or intentional wrongful acts or omissions of the Town or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town. 27 S. Annual NIER certification. The holder of any small wireless facilities permit shall, annually, certify to the Planning BoardDirector of Code Enforcement, or its their authorized designee, that NIER levels at the site where a small wireless facility is located are within the threshold levels adopted by the FCC. In addition, the Town, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any small wireless facility is located, with or without notice to the wireless telecommunications provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Town. T. Default and/or revocation of small wireless facilities permit. (1) If any small wireless facilities are constructed, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or of the small wireless facility permit conditions and requirements, or it is determined conclusively that the applicant made materially false or misleading statements during the application process, then the Planning Board or the Building Inspectorthe Code Enforcement Officer, or their designee, shall notify the holder of the small wireless facilities permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance, and the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. [Adjust timing?] Notwithstanding anything to the contrary in this subsection or any other subsection of this section, if the violation or noncompliance causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Planning Board or Building Inspector Code Enforcement Officer may, at their sole discretion, order the violation remedied within 24 hours. (2) If, within the period set forth in Subsection T(1)___ above, the small wireless facilities are not brought into compliance with the provisions of this section, or of the permit, or substantial steps are not taken in order to bring the affected small wireless facilities into compliance, then the Planning Board or the Building Inspector Code Enforcement Officer may revoke such small wireless facility permit and require removal of such small wireless facility pursuant to § 125-85.2U____ below. U. Removal. (1) Under the following circumstances, the Town [which board or officer?] may determine that the safety, public welfare, character and environment of the Town warrant and require the removal of small wireless facilities, under the following circumstances: (a) The small wireless facility has been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 28 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case repair or removal shall commence be completed within 90 days of receipt of written notice from the Town to remove such small wireless facilities; (b) A permitted small wireless facility falls into such a state of disrepair that it creates a safety hazard; (c) The small wireless facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required small wireless facilities permit, or any other necessary authorization; or (d) Any small wireless facility is determined to be in violation pursuant to § 125-85.2S___ above and the holder of the small facilities permit fails to cure such violation within the time set forth in that section. (2) If the Planning Board [list board or officer listed in (1) above] makes a determination as noted in Subsection U__(1) of this section, then it shall notify the holder of the small facilities permit and the owner of the property in writing that said small wireless facilities are to must be removed. (3) The holder of the small wireless facilities permit or the owner of the property shall be required to dismantle and remove such small wireless facilities, and all accessory equipment and associated structures, from the site and return the site to its original condition and certify through soils or other testing that no contamination has been created by the facility, such restoration being completed, limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town to remove such small wireless facilities. However, if the owner of the property upon which the small wireless facilities are located wishes to retain any access roadway to the small wireless facilities, the owner may do so with the approval of the Town. (4) If the small wireless facilities are not removed or substantial progress has not been made to remove the small wireless facilities within 90 days after the small facility permit holder and owner of the property hashave received such written notice of removal, then the Planning Board may order officials or representatives of the Town to may remove the small wireless facilities at the sole expense of the property owner and/small wireless facility permit holder. (5) If the Town removes or causes to be removed the small wireless facilities, and the owner of the wireless telecommunications facilities does not claim and remove them to a lawful location within 10 days, then the Town may take steps to declare the small wireless facilities abandoned and dispose of or sell them and their components and retain the proceeds therefrom. The Town may also cause the costs associated with the removal and 29 disposal of the small wireless facilities to be assessed on the property in the same manner as a tax or assessment. For removal actions on private property, the Town shall present the owner of the wireless telecommunications facilities and the property owner with a bill for all costs and expenses incurred by the Town in connection with removal. If neither the owner of the wireless telecommunications facility nor the property owner pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest either may pursue, then such unpaid costs, expenses and interest (at the statutory interest rate for money judgments in New York State courts) incurred from the date of the removal measures shall constitute a lien upon the land on which such measures were undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney's fees or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. (6) The Town's rights to undertake removal measures and recover the costs from the owner of the wireless telecommunications facility and the property owner are in addition to all other rights and remedies allowed by this chapter or by law or in equity. (7) Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth above, within the number of days that the Town reasonably determines is necessary and specifies in a written notice to an owner of a small wireless facility in the public right-of-way, said owner shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility (including accessory equipment) when the Town, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, or change is reasonably necessary under the following circumstances: [1] To construct, repair, maintain or install any Town or other public improvement located in the public right-of-way; [2] To prevent interference with the operations of the Town or other governmental entity, in the public right-of-way; 30 [3] Public abandonment of a street or road or public release of a utility easement; or [4] An emergency as determined by the Town Board. [Change to Director of Public Works?] V. Additional requirements relating to small facility permits. (1) Noncommercial usage exemption. Town residents utilizing satellite dishes, citizens' and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations relating to small wireless facilities enumerated in this section. (2) Prohibited on certain structures. No small wireless facility shall be located on single-family detached residences, single-family attached residences, twin-homes, duplexes, or any residential accessory structure. W. Regulations applicable to small facility permits in the public right-of-way. (1) In addition to the applicable small wireless facility permit provisions listed in this section, all small wireless facilities located in the public right-of-way shall be required to comply with the following regulations: (a) Location. Small wireless facilities in the public right-of-way shall be co-located on existing wireless telecommunications facilities, whenever possible. If co-location is not technologically feasible, the applicant shall locate its small wireless facility on existing utility poles or other structures that do not already act as wireless telecommunications facility support structures. (b) Design requirements: [1] All equipment shall be the smallest and least visibly intrusive equipment feasible. [2] Antennas and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. (c) Equipment location. Small wireless facilities and any accessory equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the public right-of-way as determined by the Town. In addition: 31 [1] In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, or within four feet of the edge of the cartway, or within an easement extending onto a privately-owned lot; [2] To the extent feasible, accessory equipment shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology to the satisfaction of the Town. [3] Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Town. [4] Any graffiti on any small wireless facility support structure or any accessory equipment shall be removed within 30 days upon notification by the Town, at the sole expense of the owner. [5] Any proposed underground vault related to small wireless facilities shall be reviewed and approved by the Town. [6] Accessory equipment attached to a small wireless facility support structure shall have such vertical clearance as the Planning Board may determine. (d) Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in § 125-85.2U above, within 90 days' following written notice from the Town, or such longer period as the Town determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Town, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances: [1] To construct, repair, maintain or install any Town or other public improvement located in the public right-of-way; 32 [2] To prevent interference with the operations of the Town or other governmental entity, in the public right-of-way; [3] Abandonment of a street or road or the release of a utility easement; or [4] An emergency as determined by the Town Board. X. Reimbursement for the use of the public right-of-way. In addition to permit fees for a small wireless facility permit, every small wireless facility located in the public right-of- way is subject to the Town's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way. Such compensation for use of the public right-of- way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of-way management activities by the Town. The owner of each small wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in the Town Fee Schedule, as it may be amended from time to time. [STOPPED REVISING LAW HERE FOR 4/29/20 COC MEETING. RED-LINING AND NOTES PAST THIS POINT WERE FOR 1/29/20 COC MEETING. AFTER THE 4/29/20 COC MEETING, CHANGES WILL BE MADE TO THE REST OF THE LAW, WHICH DEALS WITH LARGE WIRELESS FACILITIES] Y. Special use permit applications for large wireless facility applications. (1) Except as otherwise provided by this section, no large wireless facilities shall be installed, constructed or substantially changed until a special use permit application is reviewed and approved by the Planning Board and a special use permit has been issuedall Planning Board conditions are met. (2) Upon receipt of an application for a large wireless facility, the Planning Board shall review said application and plans in accordance with the standards and requirements set forth in this section. However, notwithstanding anything to the contrary, where appropriate, the Planning Board shall have the authority to waive any requirements set forth in this section relating to the an application for, or approval of, a special use permit for a large wireless facility, provided that it would further the purposes of this section. (3) The Planning Board may attach such conditions and safeguards to any permit and site development plan as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements. 33 (4) No application shall be accepted and no permit shall be issued for a large wireless facility on a property where the Building Inspector a Code Enforcement Officer has found, or there exists, a violation of the Town Code and where such violation has not been corrected. (5) Granting a special use permit shall not waive the requirement for final site plan approval, including fees, in accordance with Chapter 125, Chapter 270 (Zoning), Article IX XXIII, (Site Plan Review and Approval Procedures). (6) An application for a special use permit for a large wireless facility shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different than the applicant, shall also sign the application. At the discretion of the Planning Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction. (7) The applicant must provide documentation to verify it has a legal interest in the site where the large wireless facility is to be located. Said documentation may be in the form of a deed, contract for sale or lease for the property, depending on whether the applicant is the property owner, contract-vendee or lessee. (8) The applicant shall include a statement, in writing, that: (a) The applicant's proposed large wireless facility shall be maintained in a safe manner and in compliance with all conditions of the special use permit, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and (b) The construction of a large wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in the New York State. (9) The application shall be accompanied by a map, in graphical form and in AutoCAD® or compatible drawing exchange file format, which shows the applicant's existing and proposed area of coverage. Such map should locate all existing facility sites within the Town and within one mile of the Town in bordering communities. (10) In addition to all other required information as stated in this section, all applications for the construction or installation of new large wireless facilities, or any substantial change to an existing large wireless facility, shall contain the following information: (a) A descriptive statement of the objective(s) for the new facility or modification, including and expanding on a need such as coverage and/or capacity requirements; 34 (b) Documentation that demonstrates and proves the need for the large wireless facility to provide service primarily and essentially within the Town. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in- service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage; (c) The name, address and phone number of the person preparing the report; (d) The name, address, and phone number of the property owner, operator and applicant; (e) The postal address and Tax Map parcel number of the property; (f) The zoning district or designation in which the property is situated; (g) The size of the property stated both in square feet and lot line dimensions, and a survey prepared by a licensed professional surveyor showing the location of all lot lines; (h) The location of the nearest residential structure; (i) The location, size and height of all existing and proposed structures on the property which is the subject of the application; (j) The type, locations and dimensions of all proposed and existing landscaping and fencing, if the proposed facility is located outside the public rights-of-way; (k) The number, type and model of the antenna(s) proposed, with a copy of the specification sheet; (l) The make, model, type and manufacturer of the support structure and a design plan stating the support structure's capacity to accommodate multiple users; (m) A site plan describing the proposed support structure and antenna(s) and all related accessory equipment, fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting; (n) The frequency, modulation and class of service of radio or other transmitting equipment; (o) The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s); (p) Direction of maximum lobes and associated radiation of the antenna(s); 35 (q) Applicant's proposed support structure and accessory equipment maintenance and inspection procedures and related system of records; (r) Documentation justifying the total height of any wireless telecommunications facility support structure and the basis therefor. Such justification shall be to provide service within the Town, to the extent practicable, unless good cause is shown; (s) Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC; (t) A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices; (u) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities; (v) Certification that a topographic and geomorphologic study and analysis has been conducted and that, taking into account the subsurface and substrate, and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site; (w) Identify the proposed location of emergency power supply and the decibel level emitted during testing and operation; (x) Information relating to the expected useful life of the proposed large wireless facility; (y) Construction details for the proposed tower, supporting structure, and base, including specifications for the maximum height of the tower or structure the proposed base could support; and (z) Information relating to intended future co-locations on the large wireless facility that may result in a further increase in the size or height of the proposed large wireless facility. (11) In the case of a new wireless telecommunications facility support structure for a large wireless facility, the applicant shall be required to submit a written report demonstrating its meaningful efforts to secure shared use of existing wireless telecommunications support structure(s) or the use of alternative existing buildings or other structures within a 1/2-mile radius of the site proposed. Copies of written requests and responses for shared use shall be provided to the Planning Board with the application, along with any letters of rejection, stating the reason for rejection. Acceptable reasons for rejection include: (a) The proposed antenna and accessory equipment would exceed the structural capacity of the 36 existing building or other structure, and its reinforcement cannot be accomplished at a reasonable cost. (b) The proposed antenna and accessory equipment would cause radio frequency interference with other existing equipment for that existing building or other structure, and the interference cannot be prevented at a reasonable cost. (c) Such existing buildings or other structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function. (d) A commercially reasonable agreement could not be reached with the owner of such building or other structure. (12) The applicant shall furnish written certification that the wireless telecommunications facility, structure, foundation, attachments and accessory equipment are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. If the large wireless facility is subsequently approved and constructed, as-built certification indicating that the large wireless facility has been constructed in accordance with all standards shall be furnished to the Town prior to issuance of any certificate of occupancy or compliance. (13) The applicant shall submit a completed long-form EAF. Based on circumstances of each application for a large wireless facility, the Planning Board may require submission of a detailed visual analysis. (14) All proposed large wireless facilities shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, will employ stealth technologies where appropriate, and will thereby have the least-adverse visual effect on the environment, the character of the community, surrounding properties and on the residences in the area of the large wireless facility. (15) The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant has been, is or will be considering, reviewing or planning for wireless telecommunications facilities in the Town, and all municipalities adjoining the Town, for a two-year period following the date of the application. Z. General and specific requirements for large wireless facilities. Large wireless facilities are permitted in all zones, subject to the restrictions and conditions prescribed below: (1) Construction and design. All large wireless facilities shall be designed, constructed, 37 operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most- recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any large wireless facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town. (2) Wind and ice. All large wireless facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended). (3) Aviation safety. Large wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety. (4) Public safety communications. Large wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties. (5) Radio frequency emissions. A large wireless facility shall not, by itself or in conjunction with other WCFswireless communication facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. When a small wireless facility is complete, as-built readings will be taken and submitted to the Town. (6) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply: (a) Large wireless facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. (b) Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents. (c) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents. (d) The owner or operator of a large wireless facility shall maintain standby power generators capable of powering the wireless telecommunications facility for at least 24 hours without 38 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 require standby power longer than 24 hours where circumstances indicate sufficient space exists to accommodate longer periods of backup power. Add the Town of Ithaca’s access and parking requirements from its current law? They are: “(1) Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for telecommunication facilities must be at least 12, but no more than 24 feet wide, and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. (2) The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway. (3) Parking areas shall be sufficient to accommodate the usual number of service vehicles expected on the premises at any one time. Space off of public highways shall be provided (not necessarily in parking areas) to accommodate the greatest number of service vehicles expected on the premises at any one time. (4) Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.” AA. Approval procedures. (1) For any special use permit application, the Planning Board shall hold a public hearing on due notice within 60 days after submission of a formal completed application, including such technical information from the applicant as may be required by the Planning Board for a special use permit under the provisions of this section. (2) Notice of the public hearing shall be by publication in the official newspaper of the Town at least 10 days in advance of the hearing. The hearing notice shall indicate that the application may be examined and further information is available from the Planning Board office during regular business hours. Copies of the publication order shall be mailed by the applicant to the owners of property within 1,000 feet of the property which is the subject of the application, and an affidavit of service thereof shall be filed with the Planning Board due on or before the date of the hearing. (3) In any district, the Planning Board may grant a special use permit for the construction of the large wireless facilities for a period of five years. 39 (4) All decisions of the Planning Board involving applications for large wireless facilities shall be in writing and supported by substantial evidence contained in a written record. (5) Time frames for approval. (a) Within 30 days of receipt of any application for a large wireless facility, the Town shall notify the applicant in writing of any supplemental information required to complete the application. Such notification shall toll the applicable shot clock until the applicant submits the required supplemental information. (b) Within 90 days of receipt of an application for a co-located large wireless facility or 150 days of receipt of an application for a new large wireless facility with accompanying support structure, including such technical information from the applicant as may be required by the Planning Board for a special use permit under the provisions of this section, the Town shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision. (6) All time periods set forth in this section reference calendar days. BB. Location. (1) Applications for special use permits for large wireless facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, (a) being the highest priority and (g) being the lowest priority. (a) Co-location on existing wireless telecommunications facilities on lands owned or controlled by the Town, not including the public right-of-way; (b) Co-location on a site with existing wireless telecommunications facilities or other tall structures in the Town; (c) On other lands owned or controlled by the Town, including, but not limited to, the Town public right-of-way; (d) On lands owned or controlled by other municipal corporations within the Town, to the extent permitted by such other municipal corporation; (e) On nonresidential zoned properties; (f) On residential zoned properties; and (g) No large wireless facilities shall be permitted in the Bedford Forest Home Historic District., 40 Katonah Historic District, or on any property designated as a Tier I or Tier II property, unless the applicant demonstrates to the Planning Board's satisfaction that the selected site is necessary to provide adequate service and no feasible alternative site exists. Approval shall be required from the Bedford Village Historic District Review Commission, the Katonah Historic District Advisory Commission, or the Historic Building Preservation Commission, as appropriate, before any large wireless facility is approved in the Bedford Historic District, Katonah Historic District, or on any property designated as a Tier I or Tier II property. See the Town of Ithaca’s priority provisions under H above. Use the Town’s provisions instead or revise Bedford’s provisions to incorporate some of the Town’s provisions? (2) If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a special use permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site. (3) An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. An application shall address co-location as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially impracticable. (4) Notwithstanding the above, the Town may approve any site located within the Town, provided that the Town finds that the proposed site is in the best interest of the safety, public welfare, character and environment of the Town and will not have a deleterious effect on the nature and character of the community and surrounding properties. CC. Height. Wireless telecommunications facility support structures shall be no higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate co-location by additional antenna arrays, but under no circumstances is the height to be in excess of 150 feet. DD. Setback. All large wireless facilities, including any support structures and accessory equipment, located outside the public right-of-way shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other 41 forms of screening and/or structural characteristics of the proposed support structure. Compare with Town of Ithaca’s current fall zone and other dimensional requirements below—retain Ithaca’s? Add any portion of Bedford’s requirements? “(1) A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to the height of the tower and any attached antennae. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, and may not, except as set forth below, contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief may be granted by specific permission of the Planning Board on a case-by-case basis if it is determined by such Board after submission of competent evidence, that the waiver of this requirement will not endanger the life, health, welfare or property of any person. In granting any such waiver, the Board may impose any conditions reasonably necessary to protect the public or other property from potential injury. (2) All telecommunication facilities shall be located on a single parcel. (3) All telecommunication facilities shall comply with the setback, frontage, minimum lot size, and yard standards of the underlying zoning district and the fall zone requirements of this article. To the extent there is a conflict, the more restrictive provision shall govern. The size of the leased or owned lot, together with any land over which the applicant has obtained an easement, shall be, at a minimum, sufficiently large to include the entire fall zone. All lots leased or owned for the purpose of construction of a tower as part of telecommunications facility shall conform, at a minimum, to the lot size requirements of the underlying zoning district or the size of lot necessary to encompass the entire fall zone (to the extent easements for any part of the fall zone that extends outside the minimum lot size permitted in the zoning district have not been obtained), whichever requirement results in a larger lot. (4) Notwithstanding provisions to the contrary of any other article of this chapter, the front, side, and rear yard requirements of the underlying zoning district in which a telecommunications facility is erected shall apply not only to a tower, but also to all tower parts including guy wires and anchors, and to any accessory buildings.” EE. Visibility. (1) All large wireless facilities shall be sited so as to have the least-adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the 42 wireless telecommunications facilities sites. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under federal, state and local laws, statutes, codes, rules or regulations. (2) Both the large wireless facility and any and all accessory equipment shall maximize use of building materials, colors and textures designed to blend with the structure to which they may be affixed and/or to harmonize with the natural surroundings. (3) Large wireless facilities shall not be artificially lighted or marked, except as required by law. (4) Wireless telecommunications facility support structures for large wireless facilities shall be galvanized and/or painted with a rust-preventive paint of an appropriate color as specified by the Planning Board to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section. (5) Electrical and land-based telephone lines extended to serve the large wireless facility sites shall be installed underground. (6) Stealth technologies shall be required to be employed in an effort to blend into the surrounding environment and minimize aesthetic impact. Does COC want to require stealth technologies for all large facilities? (7) Landscaping shall be provided, if appropriate. Compare with Town of Ithaca’s current requirements below. Planning staff will be reviewing and possibly revising standards for large facilities. Add any portion of Bedford’s requirements? “G. Lighting and marking. (1) Towers shall not be artificially lighted and marked beyond the requirements of the FAA. (2) Notwithstanding the preceding subsection, an applicant may be compelled to add FAA-style lighting and marking, if in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety and would not unduly adversely affect residents of any surrounding property. H. Appearance and buffering. 43 (1) The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons is prohibited. (2) The facility shall have the least practical visual effect on the environment, as determined by the Planning Board. Any tower that is not subject to FAA marking as set forth above shall otherwise: (a) Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Planning Board, or (b) Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function. (3) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings. (4) Each application for a proposed facility shall be accompanied by a SEQR full environmental assessment form ("full EAF"). A visual environmental assessment form ("visual EAF") shall be required as an addendum to the full EAF. The Planning Board may require submittal of a more detailed visual analysis based on the contents of the visual EAF. (5) The facility shall have appropriate vegetative buffering, reasonably satisfactory to the Planning Board, around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. The Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public. (6) Without limiting the requirements of the preceding subsection, existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall occur in connection with the telecommunications facility prior to the granting of special permit and site plan approval. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited. (7) The Planning Board may require additional information, such as line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate tower designs to more clearly identify adverse impacts for the purpose of their mitigation. 44 (8) Equipment or vehicles not used in direct support, renovations, additions or repair of any telecommunications facility shall not be stored or parked on the facility site.” FF. Security. (1) All large wireless facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically: (a) All antennas and supporting structures, including guy anchor points and wires and accessory equipment, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and (b) Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them. Revise the above to add one or more of the Town of Ithaca’s security provisions below? “(1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which may, at the discretion of the Planning Board in deference to the character of the neighborhood, be comprised of three-strands of barbed wire to discourage unauthorized access to the site. The Planning Board may waive the requirement of fencing if, in its discretion, it determines that other forms of security are adequate, or that, by reason of location or occupancy, security will not be significantly compromised by the omission, or reduction in size, of the otherwise required fencing. (2) Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered. (3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower. (4) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.” GG. Escrow for review costs. In accordance with the procedures set forth in Chapter 47153 (Fees) of the Town Code, and to the extent permissible under federal law, for large wireless facility applications, the applicant shall be required to provide funds to an escrow account held by the Town to allow the Planning Board to retain such technical experts and other consultants as may be necessary to review the proposal, including, but not limited to, the 45 review of financial and technical aspects of the proposal and of the financial, legal and technical practicability of alternatives which may be available to the applicant. HH. Recertification of special use permit. (1) At any time between 12 months and six months prior to the five-year anniversary date after the effective date for the special use permit for large wireless facilities and all subsequent fifth anniversaries of the effective date of the original special use permit for large wireless facilities, the holder of a special use permit for such large wireless facilities shall submit a signed, written request to the Planning Board for recertification. In the written request for recertification, the holder of such special use permit shall note the following: (a) The name of the holder of the special use permit for the wireless telecommunications facilities. (b) The date of the original granting of the special use permit. (c) Whether the large wireless facility has been modified since the issuance of the special use permit and, if so, in what manner. (d) Any requests for waivers or relief of any kind whatsoever from the requirements of this section and any requirements for a special use permit. (e) Certification that the large wireless facilities are in compliance with the special use permit and in compliance with all applicable codes, laws, rules, regulations and federal certification requirements. (f) Certification that the wireless telecommunications support structure, base station and accessory equipment are designed and constructed (as built) and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a qualified New York State licensed professional engineer. (2) If, after such review, the Planning Board determines the permitted large wireless facility is in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Planning Board shall recertify the special use permit for the large wireless facility, which may include any new provisions or conditions that are mutually agreed upon or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations. If, after such review, the Planning Board determines that the permitted large wireless facility is not in compliance with the special use permit and all applicable statutes, local laws, ordinances, codes, rules and regulations, then the Planning Board may refuse to issue a recertification of the special use permit for the large wireless facility, and, in such event, such large wireless facility shall not be used after 46 the date that the applicant receives written notice of such decision by the Planning Board unless and until any deficiencies determined by the Planning Board are cured. Any such decision shall be in writing and supported by substantial evidence contained in a written record. (3) If the applicant has submitted all of the information requested by the Planning Board and required by this section, and if the Planning Board does not complete its review, as noted in Subsection HH(2) ___ of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, then the applicant for the permitted large wireless facility shall receive an extension of the special use permit for up to six months in order for the Planning Board to complete its review. (4) If the holder of a special use permit for a large wireless facility does not submit a request for recertification of such special use permit within the time frame noted in Subsection HH(1)___ of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the special use permit adequately demonstrates to the Planning Board that extenuating circumstances prevented a timely recertification request. If the Planning Board agrees that there were extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit. II. Application fees. At the time that an application for a special use permit is submitted for a large wireless facility, or to renew any such application, a nonrefundable application fee shall be paid in an amount as determined by the Town Board and as set forth in the Town Fee Schedule, in addition to any other fee required by law. JJ. Performance security for special permits. The applicant and the owner of record of any proposed large wireless facilities property site shall, at their cost and expense, be jointly required to execute and file with the Town a bond, or other form of security acceptable to the Town as to type of security and the form and manner of execution, in an amount of at least $75,000 for a large wireless facility on a new wireless telecommunications support structure and $25,000 for a co-location on an existing wireless telecommunications facility support structure or other existing structure; and with such sureties as are deemed sufficient by the Planning Board to assure the faithful performance of the terms and conditions of this section and conditions of any special use permit issued pursuant to this section. The full amount of the bond or security shall remain in full force and effect throughout the term of the special use permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original special use permit. 47 KK. Authority to inspect. In order to verify that the holder of a special use permit for a large wireless facility and any and all lessees, renters, and/or licensees of large wireless facilities place and construct such facilities, including the wireless telecommunications support structure, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Town may inspect at any time, upon providing reasonable notice, all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities, including, but not limited to, wireless telecommunications support structures, antennas, accessory equipment, electromagnetic output and buildings. LL. Liability insurance. (1) An applicant for a special use permit for a large wireless facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the special use permit in amounts as set forth below: (a) For co-location on any existing large wireless facility or other wireless telecommunications facility support structure, including existing utility poles or monopoles, the required insurance policies shall be in the following amounts: [1] Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (b) For all other large wireless facilities, the required insurance policies shall be in the following amounts: [1] Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence; [2] Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate; [3] Workers' compensation and disability: statutory amounts. (2) For a large wireless facility on Town property, the commercial general liability insurance policy shall specifically include the Town, the Town Board, other elected officials, and the Town's officers, board members, employees, committee members, attorneys, agents and 48 consultants as additional insureds. (3) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A. (4) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance. (5) Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration of the insurance that such policies are to renew or replace. (6) Prior to the issuance of a special use permit for a large wireless facility, the applicant shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts. MM. Indemnification. Any special use permit for a large wireless facility that is proposed for Town property or in the public right-of-way, pursuant to this section, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town and its elected officials, officers, board members, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town. The Town of Ithaca’s current telecommunications law does not contain indemnification requirements. NN. Regulations applicable to large wireless facilities in the public right-of-way. (1) In addition to the applicable special permit provisions and requirements listed in this section, all large wireless facilities located in the public right-of-way shall be required to comply with the following regulations: 49 (a) Location. Large wireless facilities in the public right-of-way shall be co-located on an existing wireless telecommunications facility whenever possible. If co-location is not technologically feasible, the applicant shall locate its large wireless facility on existing utility poles, monopoles or other structures that do not already act as wireless telecommunications facility support structures. (b) Design requirements: [1] All accessory equipment shall be the smallest and least-visibly-intrusive equipment feasible. [2] Antennas and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. (c) Equipment location. Large wireless facilities, which include wireless telecommunications support structures and accessory equipment in the public right-of-way, shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the right-of-way as determined by the Town. In addition: [1] In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, within four feet of the edge of the cartway, or within an easement extending onto a privately owned lot. [2] To the extent feasible, accessory equipment shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology to the satisfaction of the Town. [3] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Town. [4] Any graffiti on any large wireless facility support structure, base station or any accessory equipment shall be removed within 30 days upon notification by the Town, at the sole expense of the owner. [5] Any proposed underground vault related to large wireless facilities shall be reviewed and 50 approved by the Town. [6] Accessory equipment attached to a large wireless facility support structure shall have such vertical clearance as the Planning Board may determine. (d) Relocation or removal of large wireless facilities in the public right-of-way. In addition to the removal provisions set forth in § 125-85.2RR ______ below, within 90 days' following written notice from the Town, or such longer period as the Town determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any large wireless facility or accessory equipment when the Town, consistent with its police powers and any applicable Public Service Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances: [1] To construct, repair, maintain or install any Town or other public improvement located in the right-of-way; [2] To prevent interference with the operations of the Town or other governmental entity in the right-of-way; [3] Abandonment of a street or road or the release of a utility easement; or [4] An emergency as determined by the Town Board. OO. Reimbursement for the use of the public right-of-way. In addition to permit fees for a large wireless facility permit, every large wireless facility located in the Town public right- of-way is subject to the Town's public right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way and for any applicable permitting fees set forth in Chapter 104153 (Fees) of the Town Code. Such compensation for use of the public right-of-way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other public right-of- way management activities by the Town. The owner of each large wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in the Town Fee Schedule. The Town of Ithaca’s current telecommunications law does not have a fee provision for use of the Town’s ROW. 51 PP. Annual NIER certification. The holder of any special use permit shall, annually, certify to the Planning Board or its authorized designee that NIER levels at the site where the large wireless facilities are located are within the threshold levels adopted by the FCC. In addition, the Town, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any large wireless facility is located, with or without notice to the wireless telecommunications provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Town. QQ. Default and/or revocation of special use permit. (1) If large wireless facilities are constructed, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this section or any special use permit requirement, or it is determined conclusively that the applicant made materially false or misleading statements during the application process, then the Planning Board or the Building Inspector a Code Enforcement Officer shall notify the holder of the special use permit, in writing, of such violation. Such notice shall specify the nature of the violation or noncompliance, and the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this section, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Planning Board may, at its sole discretion, order the violation remedied within 24 hours. (2) If, within the period set forth in Subsection QQ(1)____ above, the large wireless facilities are not brought into compliance with the provisions of this section, or of the special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Planning Board or the Building Inspector the Code Enforcement Officer may revoke such special use permit for the wireless telecommunications facility and may require the removal of such large wireless facility. RR. Removal. (1) Under the following circumstances, the Town may determine that the safety, public welfare, character and environment of the Town warrant and require the removal of a large wireless facilities: (a) Large wireless facilities with a permit have been abandoned (i.e., not used as wireless telecommunications facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days; 52 (b) Permitted large wireless facilities fall into such a state of disrepair that they create a safety hazard; (c) Large wireless facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required special use permit, or any other necessary authorization; or (d) Any large wireless facility is determined to be in violation pursuant to § 125-85.2PP ___ above and fails to cure such violation within the time set forth in that section. (2) If the Planning Board makes such a determination as noted in Subsection RR(1) ____ of this section, then it shall notify the holder of the special use permit and the owner of the property that the large wireless facilities are to be removed. (3) The holder of the special use permit or the owner of the property shall dismantle and remove such large wireless facilities, and all accessory equipment, antennas, support structures and other associated structures and facilities, from the site and return the site to its original condition and certify through soils or other testing that no contamination has been created by the facility, such restoration being completed, limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town. However, if the owner of the property upon which the large wireless telecommunications facilities are located wishes to retain any access roadway to the large wireless facilities, the owner may do so with the approval of the Town. (4) If the large wireless facilities are not removed or substantial progress has not been made to remove the large wireless facilities within 90 days after the special use permit holder has received notice, then the Planning Board may order officials or representatives of the Town to remove the large wireless facilities at the sole expense of the property owner and/or special use permit holder. (5) If the Town removes or causes to be removed the large wireless facilities, and the owner of the large wireless facilities does not claim and remove any equipment or materials to a lawful location within 10 days, then the Town may take steps to declare the large wireless facilities abandoned and sell them and their components and retain the proceeds therefrom. The Town may also cause the costs associated with the removal and disposal of the large wireless facilities to be assessed on the property in the same manner as a tax or assessment. Does COC want to retain any part of the Town of Ithaca’s removal provisions below? “(1) At the time of submittal of the application for a special permit for a telecommunications facility, the applicant shall submit an agreement to remove all 53 antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. (2) At the time of obtaining a building permit, the applicant must provide a financial security bond for removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount approved by the Planning Board, but not less than $50,000. (3) At times of modification of the special permit, the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration.” SS. Penalties for offenses. In addition to any other remedies in this section, a violation of any provision of this section with respect to either large wireless facilities or small wireless facilities is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each continued violation shall constitute a separate additional violation. If this law remains in the Town of Ithaca’s Zoning Chapter, delete section SS. (Penalties for offenses) above. TT. Adherence to state and/or federal rules and regulations. (1) The holder of a special use permit or small wireless facility permit issued pursuant to this section shall adhere to and comply with all applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards. (2) To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security, are amended 54 and/or are modified during the duration of a special use permit for large wireless facilities and a small wireless facility permit for small wireless facilities, then the holder of such a special use permit or small wireless facility permit shall conform the permitted wireless telecommunications facilities to the applicable amended and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.