HomeMy WebLinkAboutTB 2023-103 Adopt LL 12 of 2023 Personal Wireless Service FacilitiesMEETINGOF THE ITHACA TOWN BOARD
June 26, 2023TB Resolution 2023 – 103: Adoption of alocal law 12 of 2023 Amending the Town Of Ithaca Code, Chapter 270 Entitled “Zoning,” to Replace Telecommunications Facilities Provisions
With Personal Wireless Service Facilities Provisions
Whereas, the Town Board adopted provisions regulating Telecommunications Facilities in 1998 (Town Code §270-219), and revised said provisions in 2001, 2005, and 2014; and
Whereas, telecommunications technology has changed since the town adopted said provisions regulating telecommunications facilities; and
Whereas, the Federal Communication Commission has adopted several subsequent laws, Declaratory Rulings, and Orders over the last several years that have affected the town’s processes
and ability to regulate some facilities; and
Whereas, the Town Codes and Ordinances Committee (COC) discussed updating the telecommunications provisions over several meetings between 2012 and 2019; and
Whereas, the town has drafted the proposed local law to address new federal requirements, regulate advances in telecommunications technology, and update other language in §270-219; andWhereas,
a public hearing was scheduledfor June 12, 2023, at 5:30 p.m., to hear all interested parties on theproposed local lawtitled “A Local Law Amending the Town Of Ithaca Code, Chapter 270
Entitled “Zoning,” to Replace Telecommunications Facilities Provisions With Personal Wireless Service Facilities Provisions;” and
Whereas, notice of the public hearing was duly advertised in the Ithaca Journal; and
Whereas, the public hearing was duly held on the date and time and all parties were permitted an opportunity to speak on behalf of or in opposition to the proposed local laws, or any
part of them; and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, adoption of the local law is being treated as
a Type I Action, for which the Town Board of the Town of Ithaca, acting as lead agency in anenvironmental review with respect to adoption of thislocal law, has, on June 26, 2023, made
anegative determination of environmental significance, after having reviewed and accepted asadequate the Full Environmental Assessment Form Parts 1, 2 and 3; and
Whereas,the Town Board finds that the amendments to Town Code §270—219, Personal Wireless Service Facilities, will further the health, safety, and general welfare of the community and
are in accordance with the Comprehensive Plan; nowtherefore, be itResolved, that the Town Board of the Town of Ithaca hereby adoptsLocal Law 12of 2023:“A Local Law Amending the Town
Of Ithaca Code, Chapter 270 Entitled “Zoning,” to Replace Telecommunications Facilities Provisions With Personal Wireless Service Facilities Provisions.”
Moved:Bill Goodman Seconded: Eric Levine
Vote: ayes – Goodman, Levine, Howe, DePaolo, Rosen and Johnson